UK Landlord Forum / Life

We are trying to evict a tenant under Section 21 terms and have some related questions that someone may have encountered and hopefully can answer. 

The tenant is declining to vacate, having denied receiving a Deposit Certificate, when the initial tenancy began in 2012 and subsequently when this was transferred to a new agency because the old one was ceasing to trade in 2016. The deposit certificate was issued at the start of the tenancy and reused when the deposit was transferred to the new agency in 2016. However, no physical record of the documents being handed over exist. The second agency did issue the prescribed information again in 2023, and there is of course a copy of the deposit certificate from the transfer to the new agency in 2016, but not of the original from 2012.  In terms of other documentation questions, we have a gas certification gap from the former agent (their document format is unreadable, but we have proof of payment for 3 of the dates between 2012 to 2016) but nearly all the certificates since then exist (one missing from 2020).

We have now engaged a solicitor to seek a possession claim but they have advised us that, despite us having complied in the legal sense, the court could rule against us essentially because the tenant has involved the council who say that the Section 21 is invalid due to not being issued the deposit certificate with the section, but did receive the prescribed information.

The solicitor has advised us to re-issue the Section 21 notice to quit in case the judge rejects our request.   
My questions are: 
1.  Do we have to prove the tenant received the DPC (deposit certificate) i.e.when taking up residence in 2012, and at the change over to the new agency and with the section 21, or can we send a copy now with a brief covering letter, as she has received the prescribed information with the section 21 and of course previously or will a judge still dismiss our request for a possession claim when they are shown the letter from the council who say the section 21 was invalid as a deposit certificate was attached?
2.  We understand that if the judge rejects the section 21 as invalid, we have to start again and pay all the costs. However, in terms of the request for a possession claim and the missing information due the first agency ceasing trading and the second not being able to now access the old computer files due to advances in technology etc, will we still be able to get approval for the possession claim with the documentation we do have, and if not hoe can we proceed and get a positive outcome?


Grateful for any advice.

First of all, your solicitor is advising what might happen (which is sensible of them), not what's likely to happen. That probably doesn't reduce the stress much.

Although it's not likely to be too much help, this is why it's best to retain a solicitor (or eviction specialist) from the start, to serve the notice(s), not pick it up when you've done things less than optimally (sending something attached to the notice that needs to be served first is a common mistake).

And, don't take any notice of the council. They're 100% not on your side and not in any position to offer legal advice. They can claim pretty much anything.

1 - You have to persuade the court that it's more likely than not that you complied with the initial requirements of the deposit scheme. It's up to the judge based on who's most likely to be telling the truth. Including the certificate with the notice is probably evidence that you didn't (unless it was part of a bundle of everything that was needed for a valid notice). Given that you didn't personally serve the notice and the agent who did doesn't exist any more, it's not going to be easy.

There are two possible positives. If the deposit certificate was "reused" later, that might be a valid supply. And if there have been any tenancy renewals since the information was handed over, that might be a plus.

2 - I'd personally look to return the deposit to kill off that whole issue. But the tenant is probably wise to that and won't accept it.
Why are you trying to regain possession?

Quote from: hncbsh on June 20, 2025, 10:41:58 AMwe have a gas certification gap from the former agent (their document format is unreadable)

I enjoy a challenge.

If you are interested, then send me a PM (click the speech bubble icon on the left) and I'll take a look at the document format for you.

Use a secure way to return the deposit and make sure you have evidence including screenshots of the whole process clearly showing the Tenant name.  Good evidence of bank transfer if you have their bank details will suffice.

Some of the Tenant Eviction Specialists employ 3 agents to return cash whilst being videod, each then signs an N215 and the video as well as stills are provided in the evidence bundle.  Great care needs to be taken in how this is done, usually one person knocks at the door, one is a witness to the side and one making the video also acts as a second witness.  You only need this if you have a Tenant who avoids you returning via bank transfer.

Regarding the Gas Certificate, the most important is the first and last, there is some tolerance for Covid period.

You need to assume you are up for a battle, the means triple (email, Special Delivery and video of in person service) re-service of all pertinent documents, you can find the things that will block the validity of a S21, if you return the deposit in full you can forget all the deposit blockers.

You need to check fees in relation to Tenant Fees Act although guidance says fees taken before 2019 enactment do not have to be returned.  Usually this relates to taking more than 5 weeks deposit but again if you return the full deposit this goes away.

You will need to serve every Tenant, including any spouse or other parties to the agreement.

What you are serving is a Section 21 (which itself must be accurate and within time requirements (always give extra 5 days to allow for service), along with the paperwork that you would include in the N5b, this new bundle will inform the Council that you mean business and are ready to go to Court as soon as the new S21 expires.

Do not ASSUME anything is in order, check and double check. 

Do check your old emails and whatsapp messages in case they provide evidence of anything, but essentially you are starting over. 

If the Council owe the Tenant a Housing Duty they may require that the Tenant wait until Bailiffs come, this varies from Council to Council. 

Quote from: hncbsh on June 20, 2025, 10:41:58 AMWe are trying to evict a tenant under Section 21 terms and have some related questions that someone may have encountered and hopefully can answer. 

The tenant is declining to vacate, having denied receiving a Deposit Certificate, when the initial tenancy began in 2012 and subsequently when this was transferred to a new agency because the old one was ceasing to trade in 2016. The deposit certificate was issued at the start of the tenancy and reused when the deposit was transferred to the new agency in 2016. However, no physical record of the documents being handed over exist. The second agency did issue the prescribed information again in 2023, and there is of course a copy of the deposit certificate from the transfer to the new agency in 2016, but not of the original from 2012.  In terms of other documentation questions, we have a gas certification gap from the former agent (their document format is unreadable, but we have proof of payment for 3 of the dates between 2012 to 2016) but nearly all the certificates since then exist (one missing from 2020).

We have now engaged a solicitor to seek a possession claim but they have advised us that, despite us having complied in the legal sense, the court could rule against us essentially because the tenant has involved the council who say that the Section 21 is invalid due to not being issued the deposit certificate with the section, but did receive the prescribed information.

The solicitor has advised us to re-issue the Section 21 notice to quit in case the judge rejects our request.   
My questions are: 
1.  Do we have to prove the tenant received the DPC (deposit certificate) i.e.when taking up residence in 2012, and at the change over to the new agency and with the section 21, or can we send a copy now with a brief covering letter, as she has received the prescribed information with the section 21 and of course previously or will a judge still dismiss our request for a possession claim when they are shown the letter from the council who say the section 21 was invalid as a deposit certificate was attached?
2.  We understand that if the judge rejects the section 21 as invalid, we have to start again and pay all the costs. However, in terms of the request for a possession claim and the missing information due the first agency ceasing trading and the second not being able to now access the old computer files due to advances in technology etc, will we still be able to get approval for the possession claim with the documentation we do have, and if not hoe can we proceed and get a positive outcome?


Grateful for any advice.