Section 21 and rent arrears eviction?
12:02 AM, 15th January 2025, 1 year ago
22
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I have been advised by an eviction specialist to issue a Section 21 instead of a Section 8 as in theory, It’s a a quicker and cheaper process.
Unfortunately, I did not secure the deposit in TDS within one month, so I have been advised to return the deposit to the tenant to comply.
It’s only £625 so no big deal in the scheme of things. Is this correct?
However, I also have grounds for a section 8 as the tenant is £3,500 in rent arrears.
Can I claim this in a small claims court after the eviction?
Many thanks
Helen
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Member Since July 2013 - Comments: 30
12:11 PM, 15th January 2025, About 1 year ago
Reply to the comment left by David Houghton at 15/01/2025 – 10:30
Claiming rent arrears via MCOL is an option. There can also be breathing space relief and a trial via the MCOL route.
Member Since January 2022 - Comments: 97
3:32 PM, 15th January 2025, About 1 year ago
Reply to the comment left by GlanACC at 15/01/2025 – 11:32
That is interesting, I had not thought of that.
having worked for a Council / Social Housing, they will only replace the main lounge window, all other do not qualify.
Member Since January 2022 - Comments: 97
3:39 PM, 15th January 2025, About 1 year ago
Sounds like you do not have a great relationship with the tenant, I say this, I know all my tenants, I had the deposit issue with one tenant, many years ago, I simply gave him the cash and had him sign it had been returned.
If they know there stuff, they will refuse, hope you get sorted soon
Member Since October 2022 - Comments: 402
3:40 PM, 15th January 2025, About 1 year ago
Reply to the comment left by K Anon at 15/01/2025 – 10:14
Been there too, a tenant tried claiming she was disabled as she was a alcoholic. This was before Malcolm v Lewisham went to the lord’s. The solicitor thought she was being clever delay after delay. Then Malcolm was overturned, so it was rent v dilapidations. Tenants can’t help lying so I encouraged her to embellish I’m the witness box. We won, but yep not keen to do it again. Said solicitor was so crap she couldn’t keep her job and ended up working for shelter
Member Since November 2022 - Comments: 8
8:50 PM, 15th January 2025, About 1 year ago
In the past I have made tenants a conditional offer to leave with a financial incentive.
It worked like a charm. Property vacated clean and tidy.
If they’re skint they won’t ever give you the arrears anyway. They can’t afford to leave until bailiffs turn up. CCJs often mean nothing to some people.
By that time you’re another few months down the line and possibly looking at double the current losses.
Offering them a way out might be unconventional and make you feel terrible but it could get you back in business much sooner and cost you less.
Member Since October 2022 - Comments: 402
9:11 PM, 15th January 2025, About 1 year ago
Reply to the comment left by Barry Cook at 15/01/2025 – 20:50Yep it’s great if it works. It was never an option for me as many drinks in the same pubs. So word would have got round and they would all do it My old boss repeated two things, making your first million is the hardest, and never litigate
Member Since January 2022 - Comments: 97
10:00 PM, 15th January 2025, About 1 year ago
Reply to the comment left by David Houghton at 15/01/2025 – 15:40
Sh*lter, no need to swear ;/ , I spent 1 hour dealing with them, not Landlord related, would NEVER trust or deal with them ever!!
Member Since October 2020 - Comments: 1137
7:32 AM, 16th January 2025, About 1 year ago
You may have problem with s8, in that the tenant could make a deposit penalty claim against you and ask the possession hearing judge to rule on it. The arrears would then be reduced by the amount of the penalty and if they fall below the 2 month threshold, the case will be struck out. I’d stick with your plan to refund and use s21, although giving the money back to the tenant can be tricky if they refuse to accept it.
Member Since March 2023 - Comments: 1506
8:31 AM, 16th January 2025, About 1 year ago
I had the opposite problem with one tenant that I took to court over an S8.
She claimed I hadn’t returned her deposit (this was before the days you had to put the deposit in a deposit scheme). I agreed that I hadn’t returned the deposit as I never took one, and she signed a letter of confirmation to this effect before she moved in.
I have never taken deposits and I had a confirmation form 2 of my other tenants that this was the case.
Magistrate asked her if she had any proof a deposit was paid, she didn’t – objection dismissed and she got evicted for rent arrears.
Member Since September 2023 - Comments: 28
5:37 PM, 16th January 2025, About 1 year ago
Take the best free advice you will EVER get
Forget S8, forget S21
Bowl up and tell your tenant a sob story. Doesn’t matter what it is, but it involves you needing the house back urgently
It’s SO urgent, you’ll forgive the outstanding rent AND give them a grand in their hand AND help them move out. And give them their deposit back.
To make it all nice and legal, they will sign a ‘deed of surrender’ (look it up) the morning they move out and you will do a BACS transfer as they sign the document and hand over the keys.
As part of the deal – just to bring ‘closure to everyone’, in writing, you will forgive the rent debt. You will agree to take no civil action at all, ever, in respect of their tenancy and they will do the same
I’ve just saved you a fortune in time, legal fees and a huge fine for not securing the deposit…
This can consume the next 2 years of your life or you can bite hard down on the pillow and get it done in a week….