UK Landlord Forum / Life

Tenant says I can't give her notice Or keep some of the deposit for a damaged carpet because I didn't give her a tenancy agreement she's been in the property for over 5 years
Can anyone give me advice please

I'm going to assume England?

The issue isn't the lack of a tenancy agreement, but whether you protected the deposit and gave her the relevant prescribed information, and for newer tenancies other information (in the case of gas safety certificate before she moved in).

Over 5 years so before 1 October 2015? Is the deposit protected within 30 days of receiving it, and did you give full and correct prescribed information? Bear in mind one of the requirement for PI is "the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy", I'm going to assume no? Return the deposit, and then you can give a valid section 21 notice. Use Form 6A.

Thank you where can I get form 6a please

Sorry just found the form and it says i can't give a section 21 if I didn't put the deposit in a deposit protection scheme so what can I do now

You can return the Deposit.

And be prepared for a claim of 1x to 3x - per tenancy (be careful if you ever renewed anything... but as there was no paper, unlikely) - for non-protection (if I'm reading correctly you didn't). The fact that it will come to this is not guaranteed, but - from what you've said - it seems like your Tenant has done some very basic research and currently has you on the back foot... as you're just starting.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

Limitation is (AFAIK) 6 years from the deposit protection deadline (i.e. +30 from when it was received). If you're nearly there, depending on why you wanted to give notice, you may as well wait before serving s21 if you think tenant isn't going to raise it before then.

So basically give her the deposit back and I can give her 2 months notice to vacate the property is that correct

If all other applicable obligations have been met too... yes... but giving someone 2 months notice to leave the property doesn't, of course, mean they will. If they're unwilling or unable this could, obviously, be dragged-out.

Thank you