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Inherited rental property

Started by Ali C, May 01, 2019, 05:16:58 PM

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Ali C

Hi

2 years ago ,I inherited a flat with a sitting tenant from my deceased Mother.
I gave them a new Tenancy agreement as the previous one had expired.

They verbally told me that they had given my mother a deposit, there was no proof, but as they had been long term tenants ,20 years , I agreed to note this on the tenancy agreement , it is not and to the best of my knowledge registered with one of the Govt deposit schemes.

I am now I the position of serving a Section 21 6A, but do not know what to do about the requirement for the deposit scheme, I didn't receive the deposit so was unable to set one up, I am however prepared to return the deposit at the end of the tenancy, out of my own pocket.

Can anyone advice me on how I stand legally please.

Regards

Ali C

Martha

#1
Quote from: Ali C on May 01, 2019, 05:16:58 PM
Hi

2 years ago ,I inherited a flat with a sitting tenant from my deceased Mother.
I gave them a new Tenancy agreement as the previous one had expired.

They verbally told me that they had given my mother a deposit, there was no proof, but as they had been long term tenants ,20 years , I agreed to note this on the tenancy agreement , it is not and to the best of my knowledge registered with one of the Govt deposit schemes.

I am now I the position of serving a Section 21 6A, but do not know what to do about the requirement for the deposit scheme, I didn't receive the deposit so was unable to set one up, I am however prepared to return the deposit at the end of the tenancy, out of my own pocket.

Can anyone advice me on how I stand legally please.

Regards

Ali C


This is not helping I know, but perhaps what you should have done, was return the deposit before you created the new tenancy agreement.

Perhaps you still can - if  the original tenancy predates the requirement for deposit protection?

Time for an expert....

Mortimer

#2
This could be very expensive if they fight you.

If you wrote down that you were holding a deposit then you definitely should have lodged it with a deposit protection scheme.  Also, considering the 22-ish year timescale, there could be other problems.  Find the original tenancy agreement and check what it says and the date when they signed it.  Find all the subsequent tenancy agreements.  It matters whether all the tenancies are called an "assured shorthold tenancy" and not an "assured tenancy", and it matters whether they signed the original document before or after 28 February 1997.

If the original tenancy or any of the intermediate tenancies say "assured tenancy", or if they signed it before 28 February 1997, then do not serve a section 21 notice but proceed directly to a solicitor.

Maybe go and see them and have a cup of tea.  Find out how they'd feel about moving, and whether they'd cooperate if you were able to find them somewhere else to go...