Should tenant be evicted but accept possible Tenancy Deposit penalty?

Should tenant be evicted but accept possible Tenancy Deposit penalty?

12:10 PM, 5th December 2014, About 7 years ago 15

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I have a friend who has let her property for 10 years to a tenant who has now not paid the rent for over 6 months. My friend is worried about issuing the tenant with an eviction notice as the tenant’s deposit was never paid into a deposit scheme when it was introduced.

My friend is desperate to evict her tenant for non payment of rent but is worried about the deposit issue. What would you advise?

Thanks

Amandaweighing



Comments

by Romain Garcin

22:28 PM, 5th December 2014, About 7 years ago

Reply to the comment left by "DC " at "05/12/2014 - 22:19":

It would indeed be the same as Superstrike _if_ a new tenancy was created after 6th April 2007.
Amanda says this has not been the case. Now, hopefully that is indeed correct, taking into account any statutory periodic AST, 'renewals', etc.

by Sally T

5:33 AM, 6th December 2014, About 7 years ago

'My friend is desperate to evict her tenant for non payment of rent but is worried about the deposit issue'
Your friend is already owed 6 months rent, it may take another 6 months to evict this tenant, the whole deposit issue doesn't really matter.
This tenant has absolutely no right to be living for free, your friend should start by contacting the council most local to the property, the tenant may be in receipt of housing benefit and if they are your friend will be able to get it paid direct to her to help minimise loses.

by Tessa Shepperson

8:55 AM, 6th December 2014, About 7 years ago

At the moment if the deposit was taken and the original fixed term ended before April 2007 then she should be all right. However the law is due to be amended some time next year.

NB See here for information about our DIY Eviction Guide http://www.landlordlaw.co.uk/info/eviction/

by Michael Barnes

10:44 AM, 9th December 2014, About 7 years ago

Reply to the comment left by "Romain " at "05/12/2014 - 17:21":

Romain and Tessa,

My reading of the Deregulation Bill is that it addresses ONLY the case where a tenancy became periodic after April 2007 and that tenancies that became periodic before that time and have continued as periodic ever since do not need to be protected.

Please would you advise what part of the Bill (in your reading) requires that deposits taken for tenancies that became periodic before April 2007 will need to be protected?

by Terence Gladding

9:09 AM, 21st February 2016, About 6 years ago

Reply to the comment left by "Joanne Wilson" at "05/12/2014 - 20:19":

HOW is it that we was served with section 21 but we was floodedout by tidel serge 5ft water in house lost every thing and cannot fight the section 21 deposit was NEVER PAIDin to safe place for our 8yrs tenecy is this right the courts wont take on multi case ive got all legal papers proof how long can i clame as this happend 2yrs ago and has haunted us since T


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