UK Landlord Forum / Life

Hello everyone,

I was recommended this forum by someone at a property meeting who said you were all excellent! I hope someone can give me some sage advice. Here is my situation:
- I have been letting out this particular property since 2013. The tenants began with an assured shorthold tenancy which then became periodic.
- After 10 years, the property has some structural issues and is in need of maintenance.
- I am now looking to evict the tenants so this work can commence (they are happy to stay there).

I plan to issue Section 21 notice. However, I have two potential issues:
- Unfortunately the deposit was not protected correctly. Of course I am happy to return it to them in full.
- I am slightly concerned they may not leave. The rent is around 40% below market value as I have never raised it. It is an unfortunate situation but the longer I leave this work the more damage it will do in the long term.

Could anyone help me with these questions:
- If I return their deposit, can I then issue Section 21?  My assumption is that they may still take action for the breach, but I would not be blocked from issuing Section 21 (provided I return the money in full). Is that correct?
- Assuming I have to go down the possession route, will the deposit issues affect that? I read that you need to attach the Deposit Protection Certificate to the N5B form.
-.... Have I missed anything?

THANK YOU!

There are penalties for not protecting the deposit. Between 1-3x the deposit amount.
As you say, this will need returning before section 21 can be issued.
It may be prudent to raise the rent now, to market levels. If the house needs work they may be reluctant to pay, possibly in danger of falling into arrears and this may force their hand in moving through their own volition.