UK Landlord Forum / Life

I have two questions:

1. Didn't pretect the deposit wihin 1 month. Manged to protect the deposit around 3 months and sent the prescribed information at the same time. Want to serve Section 8 notice with two months rent in arrears. However, tenant refuse to take back the deposit. What can I do? The more detailed procedure the better.

2. Which solicitor companies are effecitve enough for my case.

Why is the tenant not taking the deposit back? They think they know about the Localism Act 2011? They think your are serving a section 21?
The more information the better...(also want to avoid a OPW)

The tenant was fine at the beginning. We both were polite to each other. Then later, since they cannot pay the rent after 14 days, they suddenly change the tone. They clearly understand that I need to pay one time to three times of penalty if they defend me in Section 8. Then the two months in arreas might not apply, even if I take them to the court with four months in arreas.

I think they don't take the deposit, because they try their best to avoid a possession letter. Should I serve Section 8 letter after three months in arrears so that a posession letter is guaranteed, since a court proceeding will take place in five months arrears?

By the way, I trusted them very much at the beginning, until I got a phone call from their neighbour that they were rude to neighbours and other complaints.

Please be careful of advice received from a blog (including my own)
Always do your own research

This is a tough one, give the deposit back when a tenant is in arrears... ....if I had a heart I might want to cry...

First point section 8 for rent arrears requires the tenant to be two months (assuming they pay monthly) late but your post indicates 14 days but what is the current situation?
You need to give them 14 days to remedy and then apply to the court for a possession order.
Note this is a hazardous process and not nearly as "clean" (if you can call it that) as the section21 route.
E.g If the tenant makes up rent before the court date so they are less than 8 weeks in arrears at the time of hearing then the case will be thrown out.
E.g. If you compete the wrong form or complete with a minor error the case will likely be thrown out
E.g. The tenant can come after you for disrepair and you can be in a washing machine in the courts going round and round trying to get something out of the process.
E.g. You can even become liable for the tenants legal costs of defending the claim.  Most tenants will access to legal aid you I'm afraid will not.
On the plus side even though you failed to secure the deposit in time or serve the correct PI in time a section 8 route is still open, so long as you wait for the appropriate level of rent arrears to accumulate 

To answer your question - the only possible reason for waiting to serve a section 8 is to ensure they are not in a position to pay a little money and get inside the two month late condition however there are a few reasons not to go down section 8 route at all - covered above.   
THERE IS NO GUARANTEE YOU WILL GET A POSSESION ORDER.

You are also correct in that until you return the deposit you won't be able to serve a valid section 21.

Given the vagaries of Section 8 route I would say that the best course of action is to work with the Tenancy Deposit Scheme to get them to get the tenants to take the deposit back.  I've not heard of a tenant refusing money back but I guess they are getting smarter..I'm not sure if a TDS can force a tenant to take the deposit back or if indeed they need the tenants permission to return the money but it's your best bet.
Have you called the scheme provider as to what they can do?

I'm afraid there is little you can do about the fact they can now come after you for up to three times the deposit what's done is done.
The fact you did protect the deposit and you will (hopefully) have returned it might play in your favour for some leniency.
That is the case whether or not you pursue a section 8.  I assume you mean they will retaliate with a s213 Housing Act 2004 violation court action.

In short:
1. Go section 8 after two months rent arrears but understand this could be massively painful, and long process OR
2. Work with the TDS to just send the money to the tenants bank account (if doable) and the serve section 21
3. Be prepared for claim by the tenant for up to three times the deposit (note "UP TO", It's for the courts to decide how much)

IF 2 is not possible then I'm afraid you are stuck with step 1.

I understand the point about being rude to the neighbours but that is unlikely to qualify as anti social behavior (at least not enough for an eviction)

Sorry. Not better news.
Best of luck.

Plan to accumulate 6 months in arrears in court hearing. May I know if I can ask to repay the depost in the court with many people as witness so that this issue can be resolved in the first hearing even a possession letter is not issued? Will the judge allow this happening? Or do I need my solicitor to sent the request at the same time when we apply to court? Really need this issue resolved as soon as possible. The rest of the things will be easier. 

The process only allows for a tenant to bring action and therefore have the Landlord return the deposit.
There is no law that the judge can point to that says the landlord can force the tenant to take it back.

Although I suppose the judge could make a specific order but that would require a solicitor to bring a case etc ....it would be very outside the process and so there is no way to tell how it would go.