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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice.
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I served my tenant with Section 21, gave him 2 months notice

Customer Question

I served my tenant with Section 21, gave him 2 months notice but the application was struck out due to fact that deposit protection certificate shows that deposit was protected after the notice was given. Notice issued 16th October 2013 to 31st December 2013. Deposit protected on 3rd December 2013. My question is what can I do next as l need this tenant out. My property is completely destroyed and need to renovate and he is not even paying full rent. So far I have written a demand letter for outstanding rent.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to confirm the deposit is protected now?
Customer: replied 3 years ago.


yes, the deposit is now protected.


 

Expert:  Remus2004 replied 3 years ago.
Thanks for the information. I cannot really give you good news.

If you served the S21 notice before you protected the deposit then it is invalid. There's no way of sugar coating this. You have protected it now but you need to serve another S21 notice and let it expire I'm afraid.

You can always serve a S8 notice too if you have grounds but it doesn't really get you into court any faster because you can apply for accelerated possession under S21.

If the tenant refuses to go then you will need to apply to court for a possession order. The tenant will be liable for your costs.

You can apply for possession here

https://www.possessionclaim.gov.uk/pcol/

Its not expensive to do that.

How long it will take depends on the court listings in the area but you can seek accelerated possession so its much quicker than it used to be.

You should get an order instructing them to vacate within 14 - 28 days. A judge can give them up to 42 but there’s no justification for that here. I would brace yourself for 28 days though given that this is a private residential tenancy.

Then if they fail to go you can apply for Court bailiffs to evict them. Again, this depends on the pressure upon them in area but its much quicker than it used to be. They do have to serve proper notice upon the tenant of the date they will attend which usually adds about 2 weeks. Thereafter though, they will evict them.

Its quite unlikely to come to that though. Mostly tenants don’t wait for bailiffs to attend.

Hope this helps. Please let me know if you need more information.
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Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/