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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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to day i went to aylesbury county court to try to get possession

Customer Question

to day i went to aylesbury county court to try to get possession of my property back from a tenant who has not paid his rent for 4 months i failed because i served a section 21 notice and this was void due to me not placing the £400 deposit in the government scheme.
what do i do now...please note i am retired and this rent is my main income.....this tenant has also filed a claim against me for harassment as i turned the electric off ....his advice is coming from the housing association as he is on remand on a blackmail charge.
are you able to help me please....mrs gill hester
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

By law you have to protect the deposit before you can take ANY action to evict

Alex Watts :

You need to register the deposit

Alex Watts :

Please go to:

Alex Watts :

Once it is registered you can serve a Section 21 AND Section 8 notice

Alex Watts :

You can then apply for possession

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-bb0gtgti- :

the £400 was used for rent after the first 6months with the tenants say so i have the paperwork to prove this and the tenant signed this document at the time and both his signature and mine were witnessed by 2 witnesses

Alex Watts :

Yes but you SHOULD have protected it

Alex Watts :

By law you have to do that.

Alex Watts :

What you must do is put £400 into a deposit scheme, then serve the Section 21 (and I would serve a Section 8 norice as well) and then start the process again

JACUSTOMER-bb0gtgti- :

yes i understand that it should of been protected but as the money has been used for his rent surely i do not have to now put it in a scheme that will make him owe me a further £400 rent arrears?

Alex Watts : No.
Alex Watts : the law says this, you can not take ANY step to evict unless the deposit had been protected
Alex Watts : The law does not say save for the tenant using it against arrears
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
JACUSTOMER-bb0gtgti- :

what is a section 8 where do i get a form from and i think it would be better if i get a solicitor in aylesbury to help me fill in the .relevant forms can you recommend some one local to me my post code is hp178ph

Alex Watts : If you google section 8 template you will find some
Alex Watts : You can find a local solicitor here
Alex Watts :
Alex Watts : Does that help?
Alex Watts : there are lots of templates for section 8 notices online
JACUSTOMER-bb0gtgti- :

i am not able to deal with this my self as forms to complicated i was hoping for a personal recomendation of some one to use as googling for random solicitor is pot luck to find a good experienced one

Alex Watts : Indeed. There are many solicitors local to you. This is a straight forward eviction matter
Alex Watts : Any high street firm could do it for you.
Alex Watts : Can I clarify anything else for you today?
JACUSTOMER-bb0gtgti- :

no thanks......gill hester

Alex Watts : great Gill. If I could ask you to rate my answer before you today - the button should be at the bottom of the screen.
Alex Watts : If you need more help please click reply
Alex Watts :

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