Labour council evicts 200 private tenants amid housing crisis
1 year ago | 36 comments
I need to sell but there’s a deposit problem?
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
Tags:
bailiff eviction, court order, deposit return, market rent, tenant deposit issues, Tenant eviction
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Member Since July 2023 - Comments: 2
4:38 PM, 25th January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 22/01/2025 – 09:25
Hi, this is of interest to me. I have previously attempted to return the deposit to my tenant as it was protected late. I attempted first via DPS which tenant declined, I then tried cheque twice and these were returned. I was also advised to return in cash but was told I needed a signed receipt off the tenant which was refused at the point I put the cash on the table. I had a witness with me at the time. Did you literally hand the cash over and photograph which was subsequently accepted by the court? My worry would be if the tenant denied I had returned the full amount if they hadn’t signed to receipt…
Member Since July 2023 - Comments: 41
1:26 PM, 26th January 2025, About 1 year ago
Reply to the comment left by Paul Whitaker at 25/01/2025 – 16:38
The deposit is only considered available funds once the tenant has access to the cash. Therefore they have to accept it thru the deposit scheme or actually cash the cheque. I wanted a 3rd party witness so I took the letting agents with me. They signed a declaration that the tenant had received the money and acknowledged it. The tenant actually said she’d purposely avoided accepting it. I’m happy to give you the declaration letter that the letting agents signed which was then admitted in court with our application for possession.
Member Since January 2025 - Comments: 11
2:11 PM, 26th January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 26/01/2025 – 13:26
Hi Caroline, that’s really helpful information. Can I have a copy of the declaration too please.
Thank you
Member Since July 2023 - Comments: 41
2:16 PM, 26th January 2025, About 1 year ago
Reply to the comment left by Jimbarb at 26/01/2025 – 14:11
Sure, can you message me your email (if it’s allowed). I’ll be at my office tomorrow, it’s on my laptop
Member Since January 2025 - Comments: 11
2:33 PM, 26th January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 26/01/2025 – 14:16
Hi Caroline,
No problem. Do you know if there’s a way to parivate message on here?
Thank you
Member Since July 2023 - Comments: 2
9:22 PM, 26th January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 26/01/2025 – 13:26
Hi Caroline. That’s exactly the position I’m currently in so a copy of the letter would be really helpful. It appears you need to enable private messaging within your profile to receive messages from fellow members. I have just enabled this within my profile … Many thanks
Member Since September 2018 - Comments: 3508 - Articles: 5
9:17 AM, 27th January 2025, About 1 year ago
returned in cash then means the tenant will fight you when you come to getting the deposit back from the Deposit holding company…?
Member Since January 2025 - Comments: 11
9:21 AM, 27th January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 26/01/2025 – 14:16
Hi Caroline,
You can private message me as per Bentley’s comment. Not sure you can put an attachment on this site so you might just have to copy and paste. Alternatively if you enable your private messaging I can try messaging you my email.
Thanks for your help and time.
Member Since July 2023 - Comments: 41
9:55 AM, 27th January 2025, About 1 year ago
Reply to the comment left by Jimbarb at 27/01/2025 – 09:21
I’m not sure how to message, if you try messaging me then I can reply?
Member Since July 2023 - Comments: 41
9:59 AM, 27th January 2025, About 1 year ago
Reply to the comment left by Reluctant Landlord at 27/01/2025 – 09:17
No, after the court heating I reminded the tenant that the court records show the deposit had been returned in full and when the deposits contact her she should tell them it had been returned otherwise I would inform the courts. She already had fees to pay so she agreed