Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
Being a first time landlord I was very naive in the rules around securing the deposit (yes, I am another one of those!).
I realised this after I tried to issue a s.21 notice seeking possession, being advised that I had to return the deposit in full.
I realised this very late on and have tried to return the deposit to the tenant, I tried getting their bank details, asking to hand over a cheque, even getting a cheque witnessed and put in their post box. The last option happened and the day after I issued a s.21 notice.
A couple of days later I received a letter to be signed for with the deposit cheque inside from my tenant. I knew the letter was from them but I am not a bad landlord to refuse a letter from my tenant so I took it. Now that I have the cheque, am I back to square one on this. It was issued and received by the tenant before I hand delivered the s.21 so surely the possession order is valid.
I can’t guarantee the tenant will cash the cheque, now I can’t even guarantee they keep it.
Does this means the s.21 is invalid?
Can someone guide me, is there any case thats gone in front of a judge like this and what was the result.
This has been a huge learning curve for me and I’m just looking to see whether I now need to put it in a scheme, which is not a problem at all, happy to do it.
Can you help guide me on this?
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