Can I evict a tenant from a 2004 tenancy without a protected deposit?

Just to clarify, did you take a deposit?
If so where is it?
I would in all honesty, return the deposit, if you have one, it might help your tenant move, it will defo not help you, if you have a non protected deposit, google how much the court could rule for you to pay your tenant….
You will not put pressure on the Council, never, ever, they serve themselves, not the Public and defo not Landlords (AKA the Enemy) Are there any housing associations he could try?

Serving a section 9, I assume you are gaining possession from an asylum seeking tenant(?). As such, you do not need to protect a deposit if the tenancy was granted for this purpose. Providing accommodation under the Immigration and Asylum Act 1999, is not an assured or assured shorthold tenancy. However, the act was updated in 2000 and I’m not familiar with those changes.

Please disregard my previous answer. Things have changed and although the tenacy agreement may not be an AST, the same deposit protection rules apply. Im just wondering what else has changed and whether a section 9 is still the means for seeking possession.

Hi EC, I don’t think you have provided sufficient info to get a reliable response. It’s a bit of a minefield. You need to provide more information about the exact legal basis under which the accommodation is provided. AST or otherwise. What type of accommodation is it (e.g., Home Office asylum accommodation, local authority housing, private rental etc), and what is the current immigration status of the occupant (asylum seeker, failed asylum seeker, or granted refugee status)?

The council will advise your tenant to stay put because they will have nowhere to put him. Its up to you to move things forward. If I were you I would serve a section 21 while you still can. You will probably still have to go to court to get bailiffs to move him because he is not going to go of his own accord. The lack of deposit should not be an issue because legally 20 years ago you didn’t have to log it with a deposit protection company. If I were you I wouldn’t hesitate to hurry things along while the situation is still amicable, it will only get more difficult with the change of tenancy law.

For the hassle versus goodwill, after 20 years just increase the rent gradually. I have a similar tenant in terms of length and shortfall and wouldn’t even consider ending the tenancy

Is this an assured agricultural tenancy? I’m afraid I dont have any information about section 9 notices, but I believe that landlords who took deposits prior to 2007 had to protect them from 23 June 2015 due to the Deregulation Act. A failure to do so would render a s21 notice for an AST invalid for example.

Deposits paid before April 6, 2007, generally did not need to be protected unless the tenancy was renewed or became periodic after that date. If the tenancy continued as periodic before April 6, 2007, the deposit does not need to be protected. However, if a fixed-term tenancy that began before that date became a periodic tenancy after April 6, 2007, the landlord must protect the deposit and serve the tenant with information by June 23, 2015.

Yes, my apologies. Having re-checked the rules, I agree that the requirement to protect the deposit by 2015 only applies to fixed terms ending after 6 April 2007.

Does he claim any benefits

Advise him to make a claim

I have raised it to the local authority housing allowance which you can Google on government or council site
Which is close to the local renting rate here

I have also told the tenants to expect a minimum of 2 % increase on top due to labour s tax rise

You should have seen there faces especially as they voted Labour

Regards geoff