UK Landlord Forum / Life

I am a  reluctant landlord ...and have my late fathers property rented out ... i was unaware that the Bond had to be put in a deposit scheme ... It is past the 30 days  since i received it ... What can i do , can i still deposit it ... I have read on here that Section 21 and Section 8 notices are now invalid, as the deposit isnt in this scheme PLEASE ADVISE ??

You can still protect it.  Ignorance isn't an excuse accepted by the courts.  You could also give the deposit back. 

Can you recommend any organisation ... made enquiry and was told as tennants owe rent NOW ,,,, they wouldnt protect deposit  whilst rent owed

Sorry no.  I don't know the ins and outs in this situation as I've always just put the deposit with the DPS as soon as I've had it.  There are only a few companies, suggest you contact them all.

Hmmm

Dont sweat it.

One day if they get shitty you might have to give it back.

Otherwise see how the actual tenancy goes, if all okay and they are normal human beings it will be fine, if they are tawtty shits your fucked!

 Explain worst scenario ....can i not protect deposit now

Not really no.

If they are behind with the rent, I would seriously call them and explain that you are going to treat the deposit all as rent, and explain when then any rent would then be payable.

Follow this up with a letter, stating that the money received when the moved in was not 1 months rent and 1 months rent equivalent deposit but just 2 months rent up front.

This way there is no deposit to protect.

If you protect it now, it makes no difference to your legal position, and if you ever want to issue a section 8 you'll have to give it back anyway! ( meaning there is no deposit in any event)

After 4 months of the tenancy ( the day before) issue a section 21 asking them to leave at the end of six months.

If they have played ball up to that point, you could always offer them then a new agreement and ask they actually pay you a deposit, which you will protect.

Don't keep any of this a secret from them if they seem reasonable, but if they are "TENANTS" then keep it brief and civil and hope the place is still standing at the end of it.

Thats what I would do, but don't forget it's not 100% right thing to do.