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Serving an eviction notice advice

Started by Onlymeagain, December 03, 2020, 08:02:10 PM

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Onlymeagain

Hiya everyone,

Im looking for some advice, so I'm looking at evicting my tenants due to not been able to afford to live in the property as the house is to big and they don't keep the heating on and the house is full of condensation.

They tried to blame me for health issues with there kids due to the black mould, so I made the first move and got environment health to visit the property and what a shock they got when they opened the door.

They were backing me and explained to them they need the house warmer and windows open when needed, so to help out and fitted an piv system to help with the air flow.

Guess what they then demanded money for it running all the time, it costs about a pound a amonth.

Anyway I've told them I'm evicting them but I bought the house as a buytolet with them in the property 2 years ago and no deposit scheme was set up as at the time when they moved in it still needed work doing to the property and due to the mess at the time the landlord said I won't charge a deposit.

But on the 6a form it says this form can't be used if no deposit scheme was set up, how would I go forward for evicting them.

Any advice or information would be much appreciated and thank you in advance.

KTC

Quote from: Onlymeagain on December 03, 2020, 08:02:10 PM
Anyway I've told them I'm evicting them but I bought the house as a buytolet with them in the property 2 years ago and no deposit scheme was set up as at the time when they moved in it still needed work doing to the property and due to the mess at the time the landlord said I won't charge a deposit.

"I ..... the landlord said I ....."

Who are you in this?

That's not what that meant.

Onlymeagain

Sorry I dont understand, can you explain a little clearer. Thank you in advance

Simon Pambin


Did you mean that the previous landlord, from whom you bought the property with the tenants in situ, had told them that he wouldn't charge them a deposit? If he indeed didn't charge them a deposit and you haven't charged them a deposit (or anything like a deposit) since you took over, then the lack of a deposit protection scheme isn't a problem. You only need a deposit scheme where there's a deposit to protect.

heavykarma

I took it to mean the previous landlord did not ask a deposit,and nor have you,so you can go ahead and evict.The law says you cannot do so if a deposit was taken and not protected within 30 days. Been there,had tenants like that,such a relief when I got them out.They had tried (and failed) to claim money from their previous landlord claiming mould had given them pneumonia and asthma.Good luck!

Onlymeagain

Thats great thank you all, when I bought it I didn't want to ruffle any feathers so just kept everything the same and didn't ask for a deposit.

Thanks again I will process with the 6a eviction form and see what happens.

👍