I need to sell but there's a deposit problem?

I need to sell but there’s a deposit problem?

Piggy bank with coins and question mark symbolizing landlord deposit issues
12:00 AM, 22nd January 2025, 1 year ago 31

Hello, I rented out my property many years ago to some tenants. I would now like to sell the property as I need the funds.

However, the tenant is not moving until they receive a court order and bailiff eviction so that they can go to the council and get rehoused. Obviously advised by the council or someone else.

My issue is that although the deposit is in a deposit scheme, it appears to have been protected after 30 days (around 50 days late), although it does say that the date it was protected was the date the tenant paid the deposit.

I have tried to return the deposit but the tenant has not accepted its return as it is through the deposit scheme.

His rent is up to date as it is well below the market rate for rent in that area.

What are my options and what is the best course of action for me?

Many thanks in advance,
Jim


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Comments

  • Member Since January 2025 - Comments: 11

    9:29 AM, 23rd January 2025, About 1 year ago

    Reply to the comment left by Jimbarb at 22/01/2025 – 20:36
    Yes I might have to do that as I’m charging well below the market rate.

  • Member Since January 2025 - Comments: 11

    9:37 AM, 23rd January 2025, About 1 year ago

    Reply to the comment left by Neil Robb at 23/01/2025 – 04:28
    ….although he’s unlikely to pay any additional rent…

  • Member Since July 2023 - Comments: 41

    9:39 AM, 23rd January 2025, About 1 year ago

    Reply to the comment left by Godfrey Jones at 23/01/2025 – 08:56
    The letting agents are dealing with it atm

  • Member Since March 2023 - Comments: 24

    9:51 AM, 23rd January 2025, About 1 year ago

    Reply to the comment left by Caroline Crute at 23/01/2025 – 09:39
    Sounds like you are getting it sorted Hope it all works out for you

  • Member Since July 2023 - Comments: 41

    10:03 AM, 23rd January 2025, About 1 year ago

    Reply to the comment left by BobbyBisto at 23/01/2025 – 09:51
    Thanks. The eviction people were amazing when hsndling the possession and the letting agents were brilliant with dealing with all the hassle from the tenant

  • Member Since October 2020 - Comments: 1137

    12:12 AM, 24th January 2025, About 1 year ago

    If he doesn’t pay the rent increase then it works in your favour as it will eventually get to the threshold to use section 8 ground 8, although this will take several months, especially once the RRB is law and the threshold increases to 3 months.

  • Member Since September 2023 - Comments: 28

    10:08 AM, 24th January 2025, About 1 year ago

    Worth mentioning when doing the S21…have PROOF that the tenant has declined the return of the deposit via the scheme.

    Also be alive to the fact that the tenant can use you for up to 6 years after you failed to protect the deposit. And the max fine is the deposit. And the deposit x 3…

    Who’d be a landlord? Not me. I got out once it became obvious labour were incoming…

    Job done

  • Member Since January 2025 - Comments: 11

    11:03 AM, 24th January 2025, About 1 year ago

    Reply to the comment left by Craig Vaughan at 24/01/2025 – 10:08
    Thanks for the scary info Craig. Does that mean if I protected the deposit in 2013 he can’t sue me now?

    Thanks
    Jim

  • Member Since January 2025 - Comments: 11

    11:04 AM, 24th January 2025, About 1 year ago

    Reply to the comment left by DPT at 24/01/2025 – 00:12
    Thanks DPT – I didn’t think of that. Presumably the arrears would have to be worked out on the new rent?

    Thanks
    Jim

  • Member Since October 2020 - Comments: 1137

    4:30 AM, 25th January 2025, About 1 year ago

    Reply to the comment left by Jimbarb at 24/01/2025 – 11:04
    Yes, from the date it takes effect.

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