UK Landlord Forum / Life

my  tenants are trying to make me pay for damages that they claim are due to damp and mould , but it's condensation. I tried to arrange a meeting to discuss, but they would rather communicate via email. The tenant herself is a lawyer and she is saying that we are giving her a retaliatory eviction because we are not sorting out the mould. Their tenancy runs out in 2 weeks.

I do not want to go through the court as I do not want to get a fine for not putting the deposit into the government deposit scheme which I know I am liable.
I also know I can not end a tenancy and get rid of tenants under sec 21, even though thats what I want to do.  I have discovered that once the tenancy becomes a period one, it makes no difference , even if I put the deposit in the scheme , I still cant  get rid of tenants under sec 21 without getting a fine. (The deposit is protected now)

if I return their deposit before the end of the assured tenancy date can I use sec 21 to terminate the tenancy without going to court? Will I still get fined ?
I want to comprise and sort out the problems they have, then give them notice to vacate, but how can I? It looks like they have the upper hand, yet its my flat! Someone please advise.

The horse has bolted. You can not undo it. You are liable.

It's not a fine, it's an award made by a judge in court.  The only way to get out of it was to protect the deposit within 30 days of receipt.

Quote from: Slinky on April 10, 2016, 08:12:14 PMIt looks like they have the upper hand, yet its my flat!

Indeed.

That this has not been raised by the Lawyer Tenant thus far is surprising. They're probably keeping their powder dry for an opportune moment. You cannot avoid this happening if that comes to pass so you might as well get the deposit protected right now and tick all of the boxes that need ticking so you can serve your Section 21, then serve it, then evict them and then handle the fall-out.

The only other way I see of, maybe, not getting 'fined' is by keeping them as Tenants forever (or for a very, very long time) and, even then, it's not in any way guaranteed they wouldn't bring a case when the time is right (for them).

Well... you really should have protected that deposit. Best advice I can give.

So basically because I did not protect the deposit, (but i have now, 11 months later )I am liable for the rest of my life.

As I have no choice but to let them stay without ever being able to increase the rent for as long as they want, it seems very unfair.

If I serve sec21 now they will got to court and  like you said I will get a hefty penalty, plus all the court charges I would have to pay to serve 21.

Just tell me one thing if they stay a long time will they have more rights? And now I have their certificate for their deposit how shall I give it to them ? Once I do they of course will know I never protected their deposit if they dont know already.

All I wanted was tenants that I can be on good terms with. All the others I have had were amicable, and one couple I am still friends with and we meet from time to time.
I am not a big time landlady, or a professional landlord.

Quote from: Slinky on April 16, 2016, 06:48:30 PM
So basically because I did not protect the deposit, (but i have now, 11 months later )I am liable for the rest of my life - 6 years

As I have no choice but to let them stay without ever being able to increase the rent for as long as they want, it seems very unfair. - where'd you get that from?

If I serve sec21 now they will got to court and  like you said I will get a hefty penalty, plus all the court charges I would have to pay to serve 21 - no, they have to make a claim against you for the breach.  It's not a penalty or fine it's an AWARD.  You will be wasting your time issuing a section 21 then trying to get a possession order on the back of it because it will be invalid.


I am not a big time landlady, or a professional landlord - Agreed

Quote from: Slinky on April 16, 2016, 06:48:30 PMSo basically because I did not protect the deposit, (but i have now, 11 months later )I am liable for the rest of my life.

No. There's limits... but it will / can hang over you. A pity you didn't follow simple rules.

Like I said before I have protected the deposit now. But do i have to give them the paper work to it ?
If I do they will know for certain it had not been protected.

How should I give it to them if I have to ??

Yes. Paper, signed for.

Paper signed but how ?? Just through the post ?? They dont want to see me or have any contact with me except via email

I have just checked my bank acc and found out they have not paid this months rent now .
If they dont pay the rent can I evict them with a sec 8 notice? And if so how long do I have to wait

See Ground 8, which is mandatory.

https://en.m.wikipedia.org/wiki/Section_8_Notice

Quote from: Slinky on April 25, 2016, 11:41:49 AM
Paper signed but how ?? Just through the post ?? They dont want to see me or have any contact with me except via email

If you'd done all this when you should it wouldn't be a problem now. I get the Prescribed Information signed at Check-in... there is no bad relationship then.