My tenants split up but husband staying – deposit issues?
2 years ago | 13 comments
Tenant won’t provide bank details for us to refund deposit!
9:15 AM, 21st May 2024, 2 years ago
4
Hi, we have a problem that we are hoping others can advise on please. We are using an eviction specialist to gain possession of our property (tenant has an AST dated 1999).
The S21 was served and now we are going for a possession order. When we purchased the property (owned by a corporation) we were given the money for the deposit as they couldn’t find any record of it. Our letting agent lodged the deposit to protect it.
Although the deposit is slightly over the cap, we were advised it didn’t matter as the tenancy was started pre 2019. Now we have been advised that as the deposit wasn’t lodged before we took over, that the cap DOES matter.
We have tried to refund the deposit so that a new Section 21 can be served, but the tenant won’t respond to requests for bank details. Are we allowed to refund independently, or do we have to do it through the deposit scheme?
We have also served an S8 as the tenant was in 2 months arrears. Would the original S21 be thrown out due to the deposit?
Any suggestions will be gratefully received.
Thanks,
Caroline
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Member Since July 2023 - Comments: 4
9:41 AM, 21st May 2024, About 2 years ago
Cheque an option if its signed for?
Member Since December 2023 - Comments: 1590
10:08 AM, 21st May 2024, About 2 years ago
You eviction specialist should advise.
Personally, I think it will be fine as the tenancy started before 2007.
https://www.gov.uk/tenancy-deposit-protection
Member Since November 2017 - Comments: 20
10:13 AM, 21st May 2024, About 2 years ago
If the tenancy is 1999 different rules apply to late registration of the deposit as the deposit requirements under the Housing Act 2004 did not exist when the tenancy was created so the preclusion of S21 due to late registration will not apply (subject to various other nuances/ variables depending on the precise facts surrounding your tenancy) – similarly the Tenant Fees Act (with a cap on deposit levels) does not apply to deposits taken pre 01.06.2019. but your eviction specialists should know that.
Member Since July 2023 - Comments: 41
12:35 PM, 21st May 2024, About 2 years ago
Reply to the comment left by Landlord Solicitor @ RSPLegal.com at 21/05/2024 – 10:13
Hi
Can I email or message you?