SMF - Just Installed!

SECTION 21

Started by Barney12, June 26, 2014, 09:20:04 PM

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Barney12

Hi Guys,
I have a tenant that is refusing to move after I served a section 21 because I didnt place her deposit in a government backed agency.
I do used my deposits for all my deposits but on this occasion she was using the local council bond in which they hold a contract to the value which is in place. However they wouldnt do the full amount they did it for £574.00 and the tenant paid me the rest £168.00 cash in which I forgot to place online and as it was such a small amount and the large amount is with the council. With knowing the council was holding the deposit I forgot all about it.

Now she hasn't paid her rent correctly for over a year and half and hasn't paid anything for 4 months.
She is refusing to move as the section 21 is invalid??
So how can I get her to leave and how do I go about it? Also reading online there maybe penalties for me?.
Is it the case of just getting a court order?
Also how do I stand with the bond that is it place?
Please help and thanks in advance Barney   

Riptide

I'd say give the cash bond back now with a receipt and go section 8 route.

Hippogriff

Barney - your Section 21 is invalid, as said. You can re-serve it if you want - at least that is a guaranteed means of securing eviction. Section 8 isn't. You will need to return the deposit amount you forgot to protect before you can re-serve the Section 21... then it will be valid. As stated, if you give the money back, then it would be wise to get some form of receipt or transmit it via a traceable means, e.g. BACS.

Yes, there could be penalties for any Landlord who does not correctly, or in time, protect a deposit... however, I'd worry about that later if the outcome you want is an eviction.

boboff