Dilemma on arrears, eviction, and late deposit protection?

by Readers Question

15:36 PM, 14th June 2018
About 3 years ago

Dilemma on arrears, eviction, and late deposit protection?

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Dilemma on arrears, eviction, and late deposit protection?

Having served s21 1(b) and 21 4(a) on 8th April with an expiry for the 17th June, after seeking advice in March, I’ve started to complete the court possession form. Had been advised at the time of service not to do the s8 at the same time as not 2 months in arrears.

The Letting Agent who I instructed to find a tenant; do the references; carry out the check-in and inventory and put the deposit on protection did not put the deposit on protection within the 30 days. Therefore I find that the s21’s may be invalid.

Actually not until I queried in November 2010 (having chased them for the inventory which I also found out was not carried out on the check-in day 17.6.2010) did I find this out having spoken to them in July chasing for all the paperwork and they’re being instructed to use their DPS scheme.
The deposit was eventually put on protection by them on 7.2.2011.

The tenant refused to sign any new tenancies after 16.6.2012 though did condescend to sign a 6 month AST on 17.6.2014. Again she refused to sign any further tenancies from 16.12.2014.

I re-gave the Prescribed Information on that date and also asked the Letting Agent whether I had to re-deposit the deposit in their DPS protection scheme. They said no as it was on deposit in their Custodial DPS scheme.

All other documents are bang up to date.

The tenant is now 3 months 17 days (will be 4 months 17 days on 17th June) in arrears so I can serve a s8? I may be able to get a friend to serve the s8 over the weekend as I cannot get to Croydon until 25th June.

Where do I stand re the deposit on protection? It has been on protection since 7.2.2011 so in a scheme since the last AST was signed.The Agent has confirmed it is still in their scheme but now trading under a new company name. DPS cert does not show any Agency name on the document.

I am seriously worried and somewhat scared. I do not have a big portfolio, just 3, which gave me enough income to support my daughter and myself after my divorce.

I have also put in a moneyclaim on-line for the rent owed up to 25th May which I can seek judgment on after the 17th.

Should I seek a judgment next week as have had no response (as yet) or will that effect the s8 notice.

Sorry this is a bit long winded but need advice from those that have been in this dire situation.

Many thanks

Judith

 

Comments

James Mann

11:55 AM, 18th June 2018
About 3 years ago

Section 8 is far easier to enforce, it is generally quicker than the accelerated procedure and it is the correct way to evict a tenant who is more than two months behind in the rent. As most people use section 21, politicians suggest that these tenants are being evicted for no reason or on a landlords whim, when of course there is a reason. It gives pressure groups like Shelter ammunition to badmouth good landlords politically. Shelter of course do not house not a single person!

Judith Wordsworth

21:24 PM, 18th June 2018
About 3 years ago

Reply to the comment left by James Mann at 18/06/2018 - 11:55
Thanks James.
Looks like I probably will be going for the s8, grounds 8,10,11.
Just need to work out how much one puts in No. 4 (ie how full an explanation/essay of why each ground is being relied on).
You have been really helpful and its much appreciated as this is the first time I've had to evict.
I spoke to the letting agent and he thinks he agrees with your thought re that use the last signed AST (17.6.2014-16.12.2014) and put the deposit registered date (7.2.2011) on the form therefore deposit was (and continues) to be on protection on the signing of that AST. Prescribed Info was given and signed and dated 4.7.2014.

James Mann

23:03 PM, 18th June 2018
About 3 years ago

Reply to the comment left by Judith Wordsworth at 18/06/2018 - 21:24
There are standard phrases called the ‘full words for the grounds’. You should find these on the internet and I have them on the ihowz (previously southern landlord association) members website. I believe that you should use the original contract, but please check.

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