Ask an Property Solicitor. Get an Answer ASAP.
I am sorry to learn of your situation.I am a Qualified Solicitor with over 19 Years of experience in the UK.I am currently reviewing your question and shall revert to you shortly. Thanks.
Thank you for the additional information.
Please be advised that this is not a live chat service, sorry - I am only emailed when you reply.
I will type up your response and send it shortly.
Can you please answer the questions listed below, so I can advise appropriately, forgive me if you have provided this above but I need to be clear.
When did the Tenancy begin?
When was the Deposit Taken?
When did you Lodge the Deposit with the Deposit Scheme?
When did you provide the Prescribed Information?
Did to put the Tenant's Husband's name as the Third Party as a Relevant Person (who paid the actual Deposit monies)?
Do you want to evict the Tenants?
Thank you for the clarity, from the facts that you have provided, you are at risk of your Section 21 notice being deemed Invalid due to your failure to adhere to the rules regarding Deposits. you should have served the Husband and it should have had the Husband's name on the Prescribed Information.
The only way to resolve this is to re-pay the Deposit back to the Husband via a Bank Account so you have a paper trail. Once done you can issue a new Section 21.
I trust this is not welcome news, but I do not wish for you to waste your time or good money, as any subsequent Possession proceeding may have been Struck Out and you would have had to pay the Tenant's costs for Defending.
I hope that clarifies matters. If you need a CALL to discuss and more in-depth advice, then please let me know.
I would be obliged if you could Click to “accept” the answer and leave me a Positive Rating (this will not cost any extra). This will tell the website that I have responded to your question.