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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented a property to a tenant and took a £200 deposit. I

Resolved Question:

I rented a property to a tenant and took a £200 deposit. I did not protect it. After 30 days I went to collect the rent but she was short (more than £200 short). I offered her the deposit back and she accepted. Six months ago I issued a section 21 notice, but she has not left. Can I now use (any or all) a) accelerated possession, b) standard section c) pcol?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did the tenant agree in writing please?
Customer: replied 2 years ago.

Yes, She signed a piece of paper which stated 'I acknowledge that I have paid no deposit'

Expert:  Ash replied 2 years ago.
Why did you not protect the deposit?
Customer: replied 2 years ago.

My tenants ALWAYS need the deposit refunded - in 15 years I've never had a problem before (I've refunded ALL deposits now)

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. The law requires you to protect any deposit and it says you can NOT take ANY step to evict unless it is protected.
However in this case I would try the standard possession route. So not PCOL or accelerated but using form n5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court will list it for hearing and decide whether to give possession.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex