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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice.
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I am a private landloard who needs to regain possession of

Customer Question

I am a private landloard who needs to regain possession of my property. My tenants are 2.5 months behind with the rent due to losing their jobs. They want me to evict them so the council will house them. They began the AST in 2004, we have not registered their deposit with a scheme but obviously still have it. Will this affect us with a section 8 notice?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Are you still in an AST?

Have you signed a recent one?
Customer: replied 3 years ago.

We issued tenants with a STA in 2004 have not renewed regularly. We have a very good relationship with tenants. But they just cannot afford the rent now. The council will only re house them if we evict them, not if they leave voluntarily. The gov website says we must have protected their deposit if we want to evict them. Is this right even if they are so behind with rent? They now owe £2350 and the deposit was £1120.

Expert:  Remus2004 replied 3 years ago.
Thanks

if the deposit was taken in 2004 then you did not have to protect it then. You would only have been under an obligation to protect it if it had been taken since April 2007. It depends, however, whether the deposit has been formally assigned to other agreements though or just lapsed.

Either way, that only means you cannot serve a S21 notice. It does not prevent you from serving a S8 notice although obviously S8 does contain more risks than a S21 notice.

Also, you can always hand the deposit back to them and then serve a S21 notice. That is one way around this which has been successful.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks that's v helpful. Can I clarify -


 


I renewed STA once in 2008 and I still hold deposit that was made in 2004. there was no mention of the deposit on the renewal. Does that mean it has lapsed now - what is the consequence of that?


 


I have issued a demand for rent today and are proposing to issue a section 8 notice in 7 days citing non payment of rent and unreliable rent payments.(the tenants want me to do this to help them get a council house)


 


In summary, we will not have any paperwork relating to deposit protection when we take all this to the court to apply for an accelerated eviction notice, can we state deposit taken pre 2007, is that sufficient?


 


thanks


 


 

Expert:  Remus2004 replied 3 years ago.
That menas you took the deposit for an AST since 2007 which means that it should have been protected.

In that case, you cannot serve a S21 notice unless you return the deposit first.

You can always rely on S8.
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Customer: replied 3 years ago.

Thanks for your response and clearly the s.8 is the way to go.


 


Could you elaborate on my 2nd paragraph... I will issue a s.8 notice on the grounds 8, 10 & 11. I will attach a copy of the rent book to show that the rent is in excess of 2 months late and that none of the rent due dates have been meet in the last 12 months.


I am a bit unsure as to what date to put in the s.8 notice. it asks "the court proceedings will not begin until after ??????".


I have already issued a rent demand to the tenant giving 7 days notice (14/7/14) for them to pay - I have spoken to the tenant and he does not have the money so will not be paying before that time.


Can I issue the s.8 notice now and then if nothing changes in the next two weeks apply to the court for a possession order?


 


Regards


 


 

Expert:  Remus2004 replied 3 years ago.
Usually its 14 days notice with a S8 notice.

Yes, you can issue now although I would return the deposit first to protect yourself from any court trying to comply with the spirit f the law if not the letter.

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