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dontbnosey
15-03-2010, 21:23 PM
I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed? :confused:

mind the gap
15-03-2010, 21:51 PM
I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed? :confused:
Protect it immediately (I recommend the DPS - it's free and quick to do online) before attempting to serve a s21, otherwise the s21 will not be valid.

Snorkerz
16-03-2010, 07:58 AM
You should do as mind-the-gap says, but also know that if the tenants owe 2 months worth, you can use the section 8 process, which is likely to be quicker and cheaper - and doesn't require deposit protection.

You should still protect the deposit, and serve a valid s21 notice as a back-up because s8 isn't 100% reliable.

jeffrey
16-03-2010, 11:03 AM
I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed?
Alternative to posts #2/3: just refund whole deposit to T, then zap with s.21 Notice.

dontbnosey
16-03-2010, 11:56 AM
Thanks to both for your replies!
Yes I will be registering the deposit with the DPS today (lesson learned!).
I have issued a section 8 notice last week but it was just a template section 8 letter that I sent them which I found on the internet as apposed to a solicitor issuing it so Imp not sure if this will stand up?
The T has seeked advise from the legal services commission at the citizens advice bureau where they have an appointment next week and they are not prepared to discuss the matter further until after this meeting and are denying me access to the property.

They are also over 8 weeks in arrears and claiming Housing Benefit so I am currently applying for the payments to come directly to me.

jeffrey
16-03-2010, 12:07 PM
A s.8 Notice is unaffected by non-protection of a protectable deposit and can still be valid.

dontbnosey
16-03-2010, 12:16 PM
Even if issued yourself ie not from a qualified solicitor?

davidjohnbutton
16-03-2010, 13:25 PM
You do not need a solicitor to issue a S8 notice, or any other landlord related notice for that matter.

You can even do the possession summons online - https://www.possessionclaim.gov.uk/pcol/ and its £50 cheaper than if you submit on paper

BlueBox
19-03-2010, 17:05 PM
I need to start the proceedure of a section 21 to re-gain possession to my property as the tenants have rent arrears, but I made the (stupid!) mistake of not registering to protect the deposit that I took at the beginning of the tenancy agreement. Does anyone have any guidance on how to proceed with a possession claim without the deposit protected or am I still able to register the deposit now then proceed? :confused:

Hi did you get it sorted?

dontbnosey
22-03-2010, 07:36 AM
Thanks for following up!
No not yet. The T's have their meeting with the citizens advise bureau today. Not sure what the CAB will advise them on - probably just make them aware of their rights I suppose! The section 8 that I served gave an eviction date of 26th March but somehow I don't think they will be leaving quite as easily as I thought! I will attempt to call them tonight to try and gauge their next steps.......

dontbnosey
22-03-2010, 19:17 PM
Has anyone got any advice on issuing a court order for eviction of tenants? My tenants (who are 3 months in arrears) are seeking legal advice about me trying to evict them. It appears they are not going to be leaving after my section 8 notice so I have no option but to serve a court order to re-gain possession.
Can I do this without a legal representative as I don't want to incur any further costs and how do I go about it? Any ideas what documentation I need to gather or what forms to fill in?
Any help appreciated!

BlueBox
22-03-2010, 20:00 PM
Has anyone got any advice on issuing a court order for eviction of tenants? My tenants (who are 3 months in arrears) are seeking legal advice about me trying to evict them. It appears they are not going to be leaving after my section 8 notice so I have no option but to serve a court order to re-gain possession.
Can I do this without a legal representative as I don't want to incur any further costs and how do I go about it? Any ideas what documentation I need to gather or what forms to fill in?
Any help appreciated!

heres some info

http://www.landlordzone.co.uk/rent_arrears_evictions.htm