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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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Hi, I have been renting a property to a tenant for the past

Customer Question

I have been renting a property to a tenant for the past 18 months. I haven't entered into the TDS (tenancy deposit scheme).
I wish to evict the tenant due to constant late rental payments, sometimes in excess of two weeks.
Please can you tell me how I stand within the law?
Would you advise joining the TDS now? I do intend to dispute the amount of deposit he will be returned due to bank charges I have incurred by his late payments and his lack of care for the property.

Many thanks.
Submitted: 5 years ago.
Category: Property Law
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

Are you using an AST ?
Customer: replied 5 years ago.

Sorry, I don't know what that is.

Expert:  Remus2004 replied 5 years ago.
An assured shorthold tenancy agreement?
Customer: replied 5 years ago.


It's one I bought from Smiths that both parties have signed but after numerous requests for him to pay his rent as agreed, I sent him a letter stating that his tenancy would be renewed on a month by month basis on the understanding that he would pay his rent on time, ie the 1st of each month. This was last July and he hasn't kept to the agreement and I can't afford to carry on like this.

Expert:  Remus2004 replied 5 years ago.
When should it have ended?
Customer: replied 5 years ago.

The STA was for 6 months but the monthly renewal was for 6 months on the understanding that he paid on time.

Expert:  Remus2004 replied 5 years ago.
Yes, so when did the AST signed end?
Customer: replied 5 years ago.

I've just checked and it's May 2011 - the original AST shows that he moved into the property in November 2010 and it was a 6 month short hold tenancy agreement.

Expert:  Remus2004 replied 5 years ago.
I'm really sorry but that's a huge problem I'm afraid.

The AST has ended. The effect of that is that you cannot now register the deposit with TDS unfortunately.

I'm very sorry but that means that you cannot lawfully serve a section 21 notice upon the tenant bringing to an end the periodic tenancy that he will now be upon.

There is also the issue that he has a claim against you for 3 times the sum of the deposit. That isn't really the primary problem though. Probably he would never get any more than the sum of the original deposit anyway and also from what you say the arrears are substantial and so there would be a large reduction.

The problem lies in the fact that you can not bring this tenancy to an end.

The government's intention was that there was to be no way around this for the defaulting landlord. However, landlords obviously have made mistakes and loopholes have been discovered. One way to bring the tenancy to an end is to return the deposit to the tenant in full and then serve a section 21 notice upon him.

I realise that is unattractive but it is the only way that this tenants can be removed and the other alternative is that you will be stuck with him for many years.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.