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 Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

Sir or Madam I own a 2 bedroom flat in North West London. The

Customer Question

Sir or Madam
I own a 2 bedroom flat in North West London.
The flat is rented to Haringey Council. The council pay rent every four weeks in arrears of the rental period. At the beginning of the tenancy the council paid a deposit representing 4 weeks rent.
I did not put the deposit in a government approved deposit scheme.
The tenancy started in August 2013. The 12 month lease that expired in 2014 has not been renewed.
I would now like to sell the property and end the tenancy. The council has said that I must get a court eviction notice if I want to take back the property.
Will the fact that I did not place the deposit in a government scheme affect my ability to retake possession of the property.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Yes, you would not be able to get possession until you lodge the deposit in a tenancy deposit scheme.This is because the s21 eviction notice that you must serve would be invalid unless the deposit was in a scheme.
You will have to protect the deposit and then take possession proceedings.
You will have to download from an internet provider a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months with such notice to expire at the end of a rent period. Serve by registered post and allow three working days for postage. The template you download will probably have notes on serving it appropriately.
Once served and the notice period has expired you will have to apply to court for a possession order. You cannot evict her without a Court Order. The easiest way is online:-
https://www.possessionclaim.gov.uk/pcol/
Sorry that I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
I don't have a problem putting the deposit in an approved scheme.My concern is that having not put it in a scheme at the beginning of the tenancy will this affect my application to take possession of the property AND given that Haringey Council is paying in arrears rather than in advance (as is the norm in assured short-hold tenancies) this should have any bearing on the matter.Thank you
Expert:  Thomas replied 1 year ago.
Hi,
Provided you lodge the deposit in the scheme you will still be able to get possession/eviction from court.
Arrears payments do not make a difference.
Please remember to leave feedback
Tom
Thomas and 4 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, Tom. Thanks for the advice. Afam
Expert:  Thomas replied 1 year ago.
You're welcome..