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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice.
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Hello I would like some help I am a landlord who has just

Customer Question

Hello I would like some help
I am a landlord who has just got rid of a nightmare tenant.

I served a section 21 on my tenant that expires on 31st March , however he left in February without paying his rent for March and leaving lots of rubbish
I have served him with a small claims court notice for the rent and rubbish removal
Today I received a strange letter from someone ? acting on his behalf at his address ( obviously written by him with no name at the bottom but a squiggle)
He is requesting copies of all tenancy agreement , DPS info , prescribed info for AST and the section 21 .
He has had all of this and obviously now binned it . He says that " under the housing act 1996 it is the tenants right to have this within 28 days of requesting

I,m sure he is trying to come up with a reason for a counter claim .
He also took thisngs from the property he shouldn't have ( wheelie bins) and hasn't paid his council tax for March
My question is -
does he have the right to this now - he is still within his section 21 although not paid his rent?
How would you suggest I reply to this ( if at all)

Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you provide the DPS info at the outset?
Customer: replied 2 years ago.


yes I did but unfortunately my ex-husband didn't protect it in time !

I gave my tenant the deposit back in full in January prior to serving the section 21 in order for it to be valid

Expert:  Remus2004 replied 2 years ago.
Thanks. Thats all I need to know.

This is just a tenant trying his luck.

He is entitled to sight of the DPS protection and obviously you cannot provide it. You should provide what you can now which will reveal that you protected it late.

He will then scream fire and brimstone and make threats to sue you for three times the sum of the deposit under the Localism Act and, at Court, he will get the sum of the deposit minus any arrears and damage.

You will get a possession order because your S21 notice is valid as you served it after the protection of the deposit. Obviously it can be invalid for lots of reasons but there is no evidence of that here.

You may as well give him what you have. The fact that you protected late is something that will come out in the end anyway.

Can I clarify anything for you?

Customer: replied 2 years ago.

yes please clarify why he should get compensation for the DPS protection when he already has his deposit back

Also is he protected under the housing act if he is an ex tenant and has not paid rent?

Expert:  Remus2004 replied 2 years ago.
Because you didn't protect it in time and so the Localism Act allows the court to order up to three times the sum as a consequence.

He is protected if he hasn't paid rent. Being a bad tenant does not mean he isn't a tenant.

In terms of being a former tenant, it depends. You could argue that he has abandoned the property on these facts but since you are relying on S21 and seeking an order to exclude him and deliver you up possession of the property he can stil claim.

The fact of returning the deposit to him just put you in a position where you can serve a S21 notice. The real consequence of failing to secure the deposit is that you cannot serve a lawful S21 notice until you do. The way around that is to return the deposit.

Nobody ever gets more than their deposit anyway.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69258
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 2 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

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