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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 out my flat in February 2015 on a Short Assured

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Hi
I rented out my flat in February 2015 on a Short Assured Tenancy for a year.The tenant was informed of the need for us to sell the property in December 2015 but unfortunately in January he called me and said he was now on benefit and the council pays him £1021 towards the rent of £1180.He also said he will only pay what the council pays him which is £1021 and now owes rent areas of over £490 and he has not being paying the rent as at when due.The fixed term ended on 14th febuary 2016 and now in the periodic period.I served him a section 21 notice on the 16th of Febuary to end on 14th of May 2016.
The problem I have is I initially didn't secure the deposit with the government protection scheme as the tenant on moving in requested for some items to be provided in the flat and I told him that I can only do that by using the deposit to cover such cost(I was wrong).I only started the deposit protection scheme when the rent fell into the periodic period i.e 15th of febuary 2016 and he was also notified of this fact immediately it was done.Secondly,upon checking the original AST agreement form I cant locate the signature part which I find very strange.Can you please advise on what I can do. Thanks
Submitted: 10 months ago.
Category: Property Law
Expert:  Remus2004 replied 10 months ago.
What would you like to know about this please?
Customer: replied 10 months ago.
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ExcellentSubmitRate 3 stars or higher to credit the expert.Remus2004Keep Solicitors on call - FREE for 1 week!Get peace of mind with unlimited* answers for all your property law questions.7 Day Free Trial then only £38/month. Cancel anytime.*Subject to the fair use policy. See detailsStart My Free Trial7-Day FREE TrialRemus200409/05/2016 09:02Hi I rented out my flat in February...
HiI rented out my flat in February 2015 on a Short Assured Tenancy for a year.The tenant was informed of the need for us to sell the property in December 2015 but unfortunately in January he called me and said he was now on benefit and the council pays him £1021 towards the rent of £1180.He alsosaid he will only pay what the council pays him which is £1021 and now owes rent areas of over £490 and he has not being paying the rent as at when due.The fixed term ended on 14th febuary 2016 and now in the periodic period.I served him a section 21 notice on the 16th of Febuary to end on 14th of May 2016.
The problem I have is I initially didn't secure the deposit with the government protection scheme as the tenant on moving in requested for some items to be provided in the flat and I told him that I can only do that by using the deposit to cover such cost(I was wrong).I only started the deposit protection scheme when the rent fell into the periodic period i.e 15th of febuary 2016 and he was also notified of this fact immediately it was done.Secondly,upon checking the original AST agreement form I cant locate the signature part which I find very strange.Can you please advise on what I can do. Thanks
Customer: replied 10 months ago.
I have already stated the question earlier>What can I do
Expert:  Remus2004 replied 10 months ago.
Your post does not contain a question?
Customer: replied 10 months ago.
What can I do to repossess by flat and what action is best suited for the situation described
Customer: replied 10 months ago.
I don't seem to be getting a response
Expert:  Remus2004 replied 10 months ago.
in short, the tenant is underpaying and you haven't secured the deposit?
Customer: replied 10 months ago.
I only secured the deposit when it fell into the periodic period i.e February 15th 2016.Section 21 was issued on the 16th of February 2016
Customer: replied 10 months ago.
Cant understand why is taking so long to get a response
Expert:  Remus2004 replied 10 months ago.
In fact, it has been less than 4 minutes since you last past and I do need time to type our an answer.
Expert:  Remus2004 replied 10 months ago.
As long as it is secured now then at least you can issue a S21 notice. There is no way around the fact that you are liable for failing to secure the deposit. In theory there is a claim for three times the sum of the deposit although in practice they would only get the sum of the deposit. To remove the tenants from the property though you need to serve a S21 notice on or before the rental date giving the tenant 2 months notice. If they still don’t go then you will need to seek a possession order from the court. You may as well serve a S8 notice as well as then you can recover any losses. You need to site grounds 10 and 11 and ground 8 if the arrears are more than two months rent. You do not need to do this as they are on a periodic agreement and so you can force them out just using the S21 notice anyway but it will mean you have a claim for compensation. Can I clarify anything for you? Jo
Customer: replied 10 months ago.
I have issued a section 21 notice already which expires on May 14th and my question is I only secured the deposit when it fell into the periodic period.The signature part of the AST is missing.What are my options
Expert:  Remus2004 replied 10 months ago.
I think I've really covered your options above? I'm not sure what else I can add.You can only issue a S21 notice when the deposit is secured which was why I covered it above. Your notice is invalid if the deposit was not protected.
Customer: replied 10 months ago.
I issued the notice after securing the deposit 3days difference(so was my notice valid) and for me to fill a possession order I need to submit the AST Agreement and like I said I cant find the signature part of it.
Customer: replied 10 months ago.
This as being a waste of my time and money.What you have said I already know and I find it had that a solicitor is just reading a script .You have not answered my question and I will be taking this up.
Expert:  Remus2004 replied 10 months ago.
Ok. Good luck.
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.I see the expert has opted out, what else would you like to know?Alex
Customer: replied 10 months ago.
At the beginning of the contract on the 14 of Febuary I didn't not put the deposit in the government scheme .I only used the scheme for the deposit a month before it went into the periodic period.I issued a section 21 in Febuary after the fixed term ended whicends in May14.If the tenant does not leave can I issue a section 21 proceedings to repossess the flat taking it into consideration when I secured the deposit.
Expert:  Ash replied 10 months ago.
What date did you protect and what date did you send the section 21?
Customer: replied 10 months ago.
The periodic period started on the 15th of Febuary,2016,deposit was secured a day earlier on the 14th of Febuary 2016 and section 12 Notice was sent on the 16th of Febuary.Notice period ends on the 14th of May,2016.
First initial agreement was on the 14th of Febuary 2015.Thanks
Expert:  Ash replied 10 months ago.
Ok. As long as the deposit was protected BEFORE the Section 21 notice was issued then you can seek an Order for possession.You cant take ANY step to evict without the deposit being protected. So as long as it was when the S.21 was issued you are ok.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
Another issue is I can't find the signature part of my agreement those that mean I can't do the accelerated procedure
Expert:  Ash replied 10 months ago.
No you cant, there needs to be a standard hearing so its form N5:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n005-eng.pdfN119:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n119-eng.pdfDoes that clarify?Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
am so grateful unfortunately there are some bad eggs out there given yr profession a bad name.Thanks again
Customer: replied 10 months ago.
hi
Unfortunately your answer to my question was wrong.I sort 2 other opinions on my issue and yours was wrong.see belowHi Sunday,Unfortunately this does sound a very complicated legal case and we urge you to contact a Housing Solicitor as soon as possible for legal advice. As you protected the deposit late, you are now prevented from serving a Section 21 as per the Deregulation Act. You could be at risk of a fine of paying between 1-3 times the deposit amount, you would need to speak to a solicitor but the rent arrears may be able to be offset against this; it will also depend on the court judge.The tenant is also not in enough rent arrears for you to be able to serve a Section 8, and the deposit issue would also affect your ability to serve this. A tenant has to be 8 weeks or more in rent arrears (£2360 in this case) in order for you to serve a Section 8.We highly recommend this company for possession cases; www.landlordaction.co.uk but also advise contacting a law firm to be represented by a solicitor.Kind regards,Lucie Finan (MARLA)Customer Development ExecutiveT 0333(###) ###-####
Expert:  Ash replied 10 months ago.
Sadly you are mistaken. If the deposit is protected then after its protected you can serve notice.That is the law. Once protected you can take steps to evict. Alex

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