UK Landlord Forum / Life

Hi all,

I became a landlord not because I wanted to but because I had to, so went into it completely blind and now realise I have screwed up big time.  I didn't deposit their deposit for 3 months because I didn't know I had to.  I then have not given them the details of the deposit scheme, again because I didn't know I had to.  I have now served them 2 months notice because I need to move back to the property, but in writing and not using Section 21.  I've read that even if I send the Section 21 now it will still be invalid because they don't have details of the deposit scheme.  I realise they could kick me up the arse by suing for 3x the deposit which was £450 which I will bend over and take.  I just need my property back!!  Please advise on the correct way to do this!

Thank you

In the first instance... when did you let out your property and how long was the fixed term period for?

The tenancy is an assured short term, and they took the property over in Sept 2012.

Blossom


Dont panic.

Wait for the Section 21 to expire, be really nice to them, give them all there money back, what ever the state of the place, and thank your lucky stars if it all goes right.... you have an 85% chance of this happening.

If it doesn't go right, you will have to give them there deposit back, then issue a new section 21 notice, and wait again, and then deal with what ever happens then.

Dont worry, it wont change anything.

And dont blame yourself, we've all done it.

Not sure I entirely agree with the sentiments here. 

So, at least you're not still in the fixed term - with the tenancy starting in 2012 - so you are periodic (I'm assuming, unless you tell me differently) and you, as the Landlord, should be able to give your Tenants at least 2 months notice.

You would do this via a Section 21, as you understand.

Your written non-Section 21 notice is not really worth anything... but, you never know, you might get lucky - the Tenants might not be aware of all the legalities and they may just take your written notice at face value and move on.

What feeling do you have as to the chances of this? Or have the Tenants already come back and said something like - "this isn't a valid form of notice, plus you didn't protect our deposit correctly, so we're not going anywhere?"

At the moment I think we're missing some details... this could go very easily for you, or it could get very difficult. We need to understand what the disposition of the Tenant is... are they willing to go without trouble, based on your non-Section 21 notice, or are they kicking up a fuss?

The tenants receive housing benefit to pay for part of the rent (how much I don't know) so they have the council on their side....already I have received a letter from the local council telling me the written notice I have given them is invalid and asking for a coy of the agreement and details of the deposit scheme I am using and the date I deposited their deposit.  So, I will have to come clean about not securing their deposit within the required time.  They are on the council waiting list (and have been for around 18 + months) and from what I can gather they will be advised to stay put for as long as possible. 

So do I issue a section 21 and give them the details of DPS together?  Will this then be valid?  I'm guessing the council will advise them to sue me for my mistakes but then they would need legal aid so not sure how this would go.

Many thanks for advise so far.

Quote from: blossom on July 14, 2015, 04:35:02 PM
but then they would need legal aid so not sure how this would go.

I'm pretty sure legal aid is (maybe was, dunno) only available if there was a chance of a custodial sentence,not for a civil type suing action.  The country would be even madder if the folk with no money got to sue left right and centre all paid for.

Oh.... council.

Well in that case you MUST return the deposit NOW.

Issue a new section 21 which must give 2 months notice from the NEXT rent due day.

That is it, you cant really do anything else, if there rent is up to date.

Yes, do everything by the book now and be prepared for a long wait.

The Tenants are unlikely to just leave when a Section 21 is served correctly and expires some 2 months later. The Council is already involved so they will advise them to hang on. You can't serve a valid Section 21 until you have resolved the deposit situation, so do that first.

1) Resolve deposit
2) Serve valid Section 21
3) Wait at least 2 months and find they do not go
4) Apply to Court for a Possession Order
5) Wait... eventually end up instructing Bailiffs only to find Tenant has gone at the last minute

I'd be prepared for many months... just remember that, of course, the Tenant is liable for rent all the time they are in the property. I doubt the Council will make any formal recommendations around bringing a case against you for not protecting the deposit correctly, that's a bit outside their remit.

All this has the potential to be painful for you.

Thanks guy's.  I would be lost without you.... Lucy

Hi Blossom
I can't advise re deposit, however this time last year I was in similar position with me wanting my tenants out and them wanting a council property! 

Obv don't know if will be different for yours as they're already 'on the list' but my tenants were told by council to sit tight.  After s21 I had to evict them.  This isn't enough for the council, tenants are told to sit tight until they receive letter advising bailiffs are coming!

To give idea of timescales I expected to get my house back end July, I in fact got it end of October.  This was only achieved by using high court enforcement (bailiffs) as normal bailiffs can take anything between 6 and 12 weeks perhaps longer. 

Good luck with your deposit issue!

Thanks for the info.....was it horribly expensive?