Legal rights if deposit not paid
9:21 AM, 27th March 2014, 12 years ago
2
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A member of staff have let their property to a family member and it was agreed one months rent would be the deposit.
The tenants said they would pay the deposit from the deposit their previous landlord is holding, however 30 days have passed since the start of the agreement and the landlord could not secure any amount.
My question is, does the landlord still have the right to serve a section 8 if the tenant falls behind with rent if he wishes to regain possession?
Thanks
Andy Thomas
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Member Since January 2011 - Comments: 12193 - Articles: 1395
9:26 AM, 27th March 2014, About 12 years ago
Hi Andy
There is only a requirement to protect a deposit within 30 days of it being received. From what you have said, no deposit has been paid, hence no need to protect.
I think you are confusing a section 8 notice with a section 21 notice too.
Section 8 notices are not affected by deposit protection legislation whereas section 21 notices are. However, and to re-state, if no deposit has been paid anyway, your employee has nothing to fear in terms of ability to serve notice.
Given the confusion, I think you should advise your employee to seek professional advice if he/she want to end his/her relationship with this tenant. Please read this article >>> https://www.property118.com/tenant-eviction/39099/
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Member Since December 2014 - Comments: 1
9:19 PM, 14th December 2014, About 11 years ago
Any advice please .. I have a tenant who gave 2 months notice to leave, but two days before that date has decided she is not moving , and cannot / will not pay rent either. Tenant was taken on as not on benefits, but now seems has been on housing benefits for 6 months. One factor is that due to original Agent not securing the deposit within 30 days, this is not protected. The council have advised her that I can do nothing for 2 months, so she’s decided not to pay or keep in any further contact !! First time for me, so all advice appreciated.