Section 21 ban could trigger eviction surge – Expert
2 years ago | 8 comments
Eviction process for a zero deposit tenant?
12:01 AM, 30th September 2024, 2 years ago
6
Hi, I am desperately in need of some advice for my mother in law, she is trying to evict a tenant using a section 21 notice.
Originally when the property was let, a deposit was paid to the letting agent, but after a few years my mother in law ended her association with the letting agent and the deposit was returned to the tenant. By this time my mother in law had formed a friendship of sorts with the tenant and elected not to take a deposit and just continued to renew her tenancy every 52 weeks.
The section 21 requires evidence and reference of the deposit so basically I just need to know if she can use the section 21, if she has to take a different route what would that be or should I just be telling her to take legal advice?
Thanks in advance for any help anyone can offer,
Dave
Tags:
Landlord Eviction Rules, no deposit eviction, Section 21 notice eviction, Section 8 eviction, tenant eviction without deposit
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Member Since September 2024 - Comments: 1
9:44 AM, 30th September 2024, About 2 years ago
You can still proceed with Section 21 notice. Where it says deposit, put no deposit taken. Please note that if the tenant disputes this, you will need a proof that the full deposit has been returned, ie transaction receipt, bank statement etc.
Member Since December 2023 - Comments: 34
10:42 AM, 30th September 2024, About 2 years ago
The truth is that the deposit was returned. So put deposit returned on the form. Hopefully she has documents or bank statements to prove it was returned. Why leave yourself at risk of making a false declaration?
Member Since March 2023 - Comments: 1506
12:02 PM, 30th September 2024, About 2 years ago
Yes can use it, I have done it . Just state 0 or no deposit take. I also got my tenants to sign a form saying they had paid no deposit (when the AST was taken out)
Member Since July 2023 - Comments: 41
7:04 PM, 30th September 2024, About 2 years ago
We’ve just done it thru S21 and gained possession with no deposit. We returned the deposit as the previous owner/landlord hadn’t protected the deposit
Member Since September 2024 - Comments: 1
8:03 PM, 30th September 2024, About 2 years ago
I just served section 21. without having a deposit. all good
Member Since August 2023 - Comments: 5
9:12 AM, 6th October 2024, About 2 years ago
You can serve the S21 notice when a deposit has been returned.
If you require a court hearing you will have to fill in that a deposit was taken, there is a section for when the deposit was returned.
The most important thing to check prior to serving the S21 is that the tenant received a copy of the EPC, Gas Safety Certificate and How to Rent Guide. Make sure to have proof of this, I.e a signed receipt from the original letting agent. If there’s no proof I would recommend serving them all again, including all periodic Gas Safety Certificates and the EICR.