Could you explain your situation a little more detail please?
I’m afraid that ignorance of the law is no defence. You didn’t protect the tenants deposit in a recognised scheme and hence, the tenant can claim to 3 times the deposit from you as compensation if he decides to take you to court.
You cannot use the section 8 or section 21 procedure to get rid of him because you have failed to comply with your statutory obligations in respect of the deposit. It would need a bespoke court application to get him out.
You now need to protect the deposit in a recognised scheme and give him the details. Then you can use the section 21 and section 8 process to get him out .
Even then, and even after he leaves the property, he can still bring the claim for three times the deposit from you.
It potentially gets worse and if the tenancy has ever been renewed or rolled over into a periodic tenancy, each of those renewals is a further breach. Hence, if the initial term was for 6 months and he does just rolled over since, you are potentially at risk for six times the deposit to him. The courts will not routinely award six times the deposit that is the problem that you potentially face.
Many solicitors are now actively looking for this kind of work and trying to find tenants whose deposit has not been protected, with a view to suing the landlord. They will do these on a no win no fee basis because there is no defence the landlord can put forward.
What you are doing is returning the deposit to the tenant. You are then saying that you do not require a deposit. The tenant is then using the deposit to pay you the rent. It’s a different way of doing it.
You need to protect the deposit before you remove it because then, you can issue a section 21 notice.
That’s right. You cannot rely on the section 21 notice the deposit has been protected. That’s why I said to protect the deposit, issue 21 notice, remove the deposit give it back to the tenant, take it back as rent.
I would issue the section 21 notice while the deposit is protected. Then remove it.
You cannot issue a section 21 notice to expire before the end of the term. You may be able to rely on the section 8 notice in respect of rent arrears.
You have broken the law by not protecting the deposit. You have to protect the deposit.
If you have not protected deposit you cannot issue a section 21 notice.
You can return the deposit to your tenant and then issue a section 21 notice but there is no guarantee that your tenant will give you the deposit back as rent.
If this then ended in court, the court would treat this as deposit, not advance rent and your section 21 notice.
The court doesn’t fine you with its own volition. If the tenant applied to courts, it would be the court that awarded the compensation. He would need to drive it. The court will not drive it.
You receive the deposit on the date you received it and if that was the date that contract started, that was the date the contract started
If he submits a claim to the court you will get a penalty awarded in his favour and against you against you of up to 3 times the deposit plus if he uses solicitors, solicitors costs which could be as much again.
I would wait a couple of days, and return the deposit to him in full bearing in mind what I said earlier about him not giving it back to you as rent.
I would get the rent off him and then issue the section 8 and section 21 notices.
I didn’t say that. At the moment, the more you push him, the more likely years to take you to court. I think the only reason he hasn’t taken you to court now for the three times deposit is because he isn’t aware he is entitled to it. The more you push him, the more chance he is likely to take legal advice and the more chance there is that you are going to get sued for the deposit. You don’t have to take anything from him other than the rent in the tenancy agreement.