How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

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

Related Property Law Questions