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oakley
20-12-2011, 09:36 AM
Hi everyone
I have a problem with the tenants in my property, to cut a long story short, I have a family in one of my houses who moved in only paid part of the deposit and they have been a problem from the word go. They still owe me one weeks rent, which they say they cant pay, I gave them a section 21 and the council have told them its not valid due to the fact I have not got their deposit in the government scheme, however they have only paid £200 towards the deposit so i havent put it in the scheme because i dont have it all. They have been to Shelter and told to stay put. I have spoke to lots of other people but no one can help me so far. Do I need to get a solicitor to sort this or is there something i can do? Thank you in advance.

jjlandlord
20-12-2011, 09:43 AM
however they have only paid £200 towards the deposit so i havent put it in the scheme because i dont have it all.

You did receive money for the purpose of a deposit so you had to protect it. The council is correct: the notice your served is therefore invalid.

You should protect the amount you received asap and provide the tenant with the prescribed info, then re-issue a s.21 notice.

Also, what records do you have re. payment of the deposit, especially the fact that it was not paid in full?
Tenancy agreements commonly state that the deposit was paid, so T might try to claim that he paid it all when requesting that you re-pay it at the end of the tenancy.

oakley
20-12-2011, 09:47 AM
Hi
Thanks for your quick reply, everything is signed and dated by both of us concerning the money.
Ok can i just put the deposit in the scheme today?
Thanks

thesaint
20-12-2011, 09:56 AM
Hi
Thanks for your quick reply, everything is signed and dated by both of us concerning the money.
Ok can i just put the deposit in the scheme today?
Thanks

Yes, just put it into the DPS:

https://www.depositprotection.com/

On the site, it has the prescribed information. Print it out, and send it to the tenant by 1st class post, and get a certificate of posting from the Post Office. Do not send it by any signed for(Special/Recorded delivery) services.

There is no need for a solicitor at this point, with direction, it is easy to D.I.Y.
Apart from the non protection of deposit, are you sure the Section 21 was okay?

oakley
20-12-2011, 10:07 AM
Thanks, yes as they are on a short term, and i didnt renew it so used the sec 21.

LesleyAnne
20-12-2011, 10:13 AM
Thanks, yes as they are on a short term, and i didnt renew it so used the sec 21.

I think what the saint means is - was everything else - all dates etc, used on the original S21 correct? You do not want to issue another one, only to find some minor disrepancy causes that to be cancelled as well. Courts are very fussy, and the notice can be thrown out if there is anything wrong with it.

What forms does your S21 take? What wording have you used? It should be worded to expire "After xxx date" not "on xxx date". Make sure you have everything spot on otherwise your 2nd one will also fail.

oakley
20-12-2011, 10:22 AM
Ok, i used the one from wh smiths will have to look at it. thanks