Which form to use?

by Readers Question

8:13 AM, 17th April 2020
About 8 months ago

Which form to use?

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Which form to use?

Tenant is 2 months arrears. Struggling to know which form to serve

It’s a HMO. So what form would be best please?

Must I give 3 months notice? Or two then a month before I can process legal route?

One worry. The tenant refused to let me register his deposit, would not supply an email and stated via text he did not want it protected. To protect deposits you need email addresses etc…which I didn’t have.

Many thanks

Paul


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Comments

Neil Patterson

8:16 AM, 17th April 2020
About 8 months ago

Dear Paul,

You need professional help and fast. I would recommend Paul Shamplina's team at Landlord Action >> https://www.property118.com/member/?id=190

Tessa Shepperson

9:39 AM, 17th April 2020
About 8 months ago

I agree. If you have failed to protect the deposit then this makes it very difficult to evict tenants. All deposits for ASTs must be protected within 30 days of receipt of the money. You do not need the tenant's permission to do this.

We have a kit which explains the issues and how to resolve them here: https://landlordlaw.co.uk/sales-deposit-error-repair-kit/

You won't be able to serve a valid section 21 notice until you have resolved your deposit problem.

You can serve a section 8 notice based on rent arrears, but be aware that tenants can defend and counterclaim for up to 3x the deposit sum in respect of the penalty for failing to protect your deposit. So you cannot guarantee success in a rent arrears claim unless the arrears = 2X 1 months rent + 3x the deposit sum.

Mind you, even if you were in a position to serve a notice right now, you are unable to progress an eviction claim as all possession claims have been stayed by the court until June (and it is likely that the stay will be extended).

I would also recommend that you do a bit of training and learn more about the laws and regulations which apply to rented property. We are featuring a free or low cost course every week in our Lockdown Learning project here: https://landlordlaw.co.uk/learning-for-landlords-in-the-lockdown/

Rob Crawford

9:48 AM, 17th April 2020
About 8 months ago

As Neil said previously, you need professional help. Why on earth you proceeded with this tenancy beggars belief. I suspect there maybe other issues that will prevent you serving a valid possession notice, so get an experienced PRS property solicitor to represent you. Don't be surprised if you have to return the deposit before the possession notice!


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