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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HI, I have a tenant in my property, who I have given 2 months

Customer Question

HI, I have a tenant in my property, who I have given 2 months written notification to leave. The tennnat took the letter to her local council who has advised her that I will need to obtain a possession order.
I have since asked the tenant to sign a surrender agreement, whereby she has agreed to leave on 28th september. My tenant has a young disabled daughter so receives help from the local authority. she has now informed me that she is waiting for an appointment with the housing advisor.
My question is : Given that my tenant has agreed to leave the property by signing the surrender document.. in the event that I need to take her to court to seek a possession order will the courts consider the surrender agreement? I have lost the orginal tenancy agreement so the surrender document and my written notice is all that I have. I also have not registered the deposit- how will the courts view my situation?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Has the tenant has
Alex Watts : Is the tenant I a. D
Alex Watts : Is the t
Alex Watts : Sorry - is the tenant in a fixed period or periodic tenancy please ?
Alex Watts : Why have you not registered the deposit please?
Customer: Tennant is a periodic tennancy.
Customer: tennant is a periodic tennancy
Customer: I haven't registered the deposit because she moved in before the scheme was mandatory .. Before April 2007.
Alex Watts :

Why have you not protected the deposit please?

Alex Watts :

Ok - have you ever renewed or has it always been a periodic after the expiry of the fixed term?

Customer: I renewed it last year July .. Rent increase. So it has reverted back to a periodic tennancy.
Alex Watts :

Ok - so you should have protected when you renewed it. Case law says that

Alex Watts :

So what you need to do is protect the deposit.

Alex Watts :

The Council are right they will rehouse when they get a possession order - they generally wont do it before that.

Alex Watts :

But unless the deposit is protected you can't take any step to evict such as serve notices or anything

Alex Watts :

Therefore protect the deposit serve a section 21 notice that you want them to leave and issue a possession claim

Alex Watts :

The matter will be listed at Court and once the Judge grants possession then will you get the tenant secured accomodation by the Council

Alex Watts :

If they leave before a possession order then they made be considered intentionally homeless and the Council may refuse to rehouse.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: She signed a surrender agreement.. Does that count for anything? Can i get a possession order on that basis?
Alex Watts :

No.

Alex Watts :

You can't take ANY step in law unless the deposit is protected. Any step.

Alex Watts :

I am sorry

Customer: Ok.. I am going to register the deposit tomorrow.
Alex Watts :

Great. Can I clarify anything else for you please?

Alex Watts :

https://www.tds.gb.com/

Customer: Can I use the surrender agreement to start possession proceeding?
Alex Watts :

No - you need to serve a Section 21 notice.

Alex Watts :

Then you can use the surrender agreement, but the Court will want to know a Section 21 has been served.

Customer: I will register the deposit tomorrow- will the original notice to quit be valid? Or will I need to start the process again from the date the deposit is registered?
Alex Watts :

No, you need to do it again. Because you can't take ANY step before its registered.

Alex Watts :

Can I clarify anything else for you please?

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