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No Rent Deposit Transaction ever done, now unable to issue section 21

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Author Topic: No Rent Deposit Transaction ever done, now unable to issue section 21  (Read 70 times)

Kumar1542

Newbie
Posts: 2

I like property
« on: June 23, 2022, 07:05:07 PM »
I rented a property to an franchise owner of an estate agency and his wife.
The management and rental agreement was done by his own company. The rental agreement says the deposit was taken and held with "Deposit Protection Service"
But now 9 month on from the start of the rental agreement, it appears there was never any deposit transaction. I checked with DPS.
I have now decided to sell the property. But a solicitor advises that I cannot issue a section 21 if the deposit is not returned to the tenant. BUT I cannot get him nor his company to return the deposit to himself nor confirm a return of deposit transaction, and the solicitor is unable to issue section 21 without this.
I am at an impasse!. He has now just this month June- 2022 stopped paying rent. The property was rented on Aug-2021.

Does anyone have any advise on how to proceed.?
 

 
« Last Edit: June 23, 2022, 07:09:20 PM by Kumar1542 »

KTC

Hero Member
Posts: 726

I like property
« Reply #1 on: June 23, 2022, 07:29:30 PM »
You're going to need to clarify a few things.

You, the owner (freehold or long leasehold) of a property, let it out to a person, a couple, or their registered company? Have they then in turn let it out to someone else who's residing at the property, with your tenant being their landlord?

Alternatively, are this estate agency or their owner/staff, your agent who have let the property out on your behalf, with you as the landlord?

Did you at any point live at this property as your main or only home?

Aside from deposit protection, what about gas safe certificate, energy performance certificate, how to rent booklet?

Kumar1542

Newbie
Posts: 2

I like property
« Reply #2 on: June 24, 2022, 12:25:33 AM »
I am the free hold owner
The property is let out to a couple who are living in the property, not company, who own the estate agency managing my property
I have not lived in the property at any time. I have gas and elect certificates. The rental agreement states  how to rent, gas cert, elect cert and EPC are received before rent agreement is signed by tenant.

So to clarify, the tenants are a couple living in and renting the property. They are the owners of the estate agency managing the property on my behalf.
 

KTC

Hero Member
Posts: 726

I like property
« Reply #3 on: June 24, 2022, 01:24:08 AM »
You have an estate agency as your letting agent whose owner is the tenant? Okay..... that's crazy.

Your options in terms of seeking possession are
  • "Return" however much this deposit was supposed to be, then serve s21 notice
  • Serve the s21 notice as is, and then hope (unlikely since you'll be trying to prove a negative) you can convince the court that a deposit was never received despite what the tenancy agreement says
  • If you have lived at the property previously as your main or only home and the tenancy agreement have given notice that such notice ground may be given, serve a section 8 ground 1 notice instead.

Communicate with your letting agent (i.e. address things to the letting agent the company not the owner couple), and seek written response from them on what happened with the deposit that thet tenancy agreement say was taken. I can unfortunately envisage a future where the couple as tenant sue you for the deposit penalty and then you suing the company they own for damages to cover the penalty you paid out to the couple.
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