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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Afternoon,Can someone please help me please at the end

Customer Question

Good Afternoon, Can someone please help me please at the end of my wits here please ..please please help me.. Back story.. I rented my two bed flat out to a couple..Tenancy is Assure hold tenancy Now after a while I wrote to them that the tenancy agreement is not going to be renewed as I need my home back to live in which I wrote served them with a section 21 notice.. a few days later I was called back they allayed to me that they required a repossession letter to give to the council as that's what its required I told them I cannot provide them with a repossession letter as its illegal and the council could contact my Mortgage provider and ask if my flat is being repossessed which was Not. After asking several times I was given excuses after excuses.. Now the upstairs flat let the tap open water come through the roof and damage the floor I tell them the place is inhabitable for the love of god move out.. Next thing I know I get a letter from the council environmental health saying I need to fix the place etc so I write back to the council stating I already served them a section 21 etc I want them out .And the environmental officer tells me the served section 21 is invalid.. so I paid for one get it notarized valid hand delivered and sent via recorded delivery.. which expires today, I call the environmental officer if they have been in contact she states no and if they don't move I need to get an repossession order from the court heart breaking they have not moved they tell me I know the procedure I need to go through the procedure as they are trying to obtain a council flat from the local government... I did not protect the deposit on the deposit scheme I know you shaking your head.. I did not know about neither was I nonchalant about was verbally agreed they will use their last month deposit as they are leaving these was last year April 2014. I want to get an accelerated eviction from the court which is £280 to expidte the process as you understand I want these people out like yesterday.. PLEASE PLEASE SOMEBODY HELP ME


Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this.
I see you have not yet applied for possession, what is it you would like to know?
Customer: replied 3 years ago.

If I applied for a possession will I be affected because deposit was not protected. which was verbally agreed they used a their last month rent which was April 2014 . and the accelerated possession which cost 280 am I on the right path don't want to lose 280 as don't want it rejected as it was not protected

thank you

Expert:  Ash replied 3 years ago.
You MUST protect the deposit BEFORE you can issue proceedings. it makes no difference whether or not you used it for their last months rent. You MUST protect it before you can issue proceedings as you have to enclose a copy of the certificate for the Accelerated procedure.
Indeed the law says you can NOT take ANY step to evict unless the deposit is protected. Therefore if it has not been protected ANY step you have taken is invalid. You therefore need to protect the deposit, serve a new section 21 notice then apply using form N5b for accelerated possession.
But you wont get possession without it being protected. 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.
Can I clarify anything for you about this today please?
Customer: replied 3 years ago.

SO what do I do then am sure there is a remedy cannot be the end of the Road am homeless and they living in my flat

Expert:  Ash replied 3 years ago.
You need to:
1) Protect the deposit
2) Service a new Section 21 notice
3) Then if not complied applied for possession
You can apply for possession now but you wont necessarily get it because of the deposit issue.
Expert:  Ash replied 2 years ago.

I am just following up on this. Is there anything else I can help with? If so, please let me know.