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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11825
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I need to discuss a matter of property law, I have not

Resolved Question:

Hi I need to discuss a matter of property law,
I have not protected my tenant's deposit and have just discovered how serious this is with regards ***** ***** the tenancy which i plan to do at the end of the tenancy agreement period in 6 months when i would need to issue a section 21 if he does not leave (which judging by his current behaviour is a possibility) - further to this, he is also in rent arrears however not 2 months so in cannot issue a section 8
I need advice as to the best way forward to protect myself in the future if i suggest using his deposit to cover rent arrears would this cover me with regards ***** ***** the deposit to the tenant with agreed deductions at a later date? or is the best plan to put it in a rent deposit scheme now and hope for the best in 6 months time?
Submitted: 1 year ago.
Category: Property Law
Expert:  chatham-chamber replied 1 year ago.

Hi,

I would suggest that you protect the deposit now as you will be unable to issue a Section 21 until the deposit has been protected.

As the deposit was not protected in the stipulated time, the tenant can still claim 3 times the deposit through the courts, whether it is granted, is another matter.

In future, I suggest you protect the deposit ASAP. You can do this a number of ways. In the event the tenant is in arrears, you will be able to submit a claim to the TDS for the sum owed.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

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