LLinSomerset Posted May 4, 2014 Report Share Posted May 4, 2014 I have rented my property out for almost two years now. I didn't protect tenants deposit, so let her off 2 months rent at the end of first tenancy, I haven't told my mortgage company im renting, im also in arrears. I haven't paid tax on my income from the rent. she has been a good tenant but now after 3, 6 months tenancies, I want her out, but she has dogs and is finding it hard to find anywhere else to go, also has no deposit money because "she says" and I can also confirm she has made the property look nice decorating it. she is refusing to leave at the end of the 2 month notice. she is saying she will take it through the courts, how can I stop this from happening? thank you. Link to comment Share on other sites More sharing options...
Melboy Posted May 4, 2014 Report Share Posted May 4, 2014 You are in deep Dodo. The bottom line to your question is you can't stop her from taking you through the Courts and if she does you will lose heavily on all counts. You will be fined 3 x the unprotected deposit money plus costs payable to your tenant. No excuses are ever accepted by the Courts or should I say I have not known of any Landlord getting away with not protecting the deposit without a heavy fine. Given the situation and if she has been a good paying tenant then keep her on. Pay your back tax to HMRC. Secure the tenants deposit money with the DPS scheme and hope that she doesn't take youi to Court. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 4, 2014 Author Report Share Posted May 4, 2014 I would keep her on, but my property is leasehold, the management company that take care of property want her out, because I didn't ask their permission either, apparently all insurances are void while she is there. also the lease hold states no animals, but I did allow animals and it states it on tenancy, the management company are forcing my hand. Link to comment Share on other sites More sharing options...
Melboy Posted May 4, 2014 Report Share Posted May 4, 2014 Your problems then are going to get even worse then they already are. In circumstances like this it is recommended that you buy your tenant out with a cash offer but from what you are saying this is going to be extremely unlikely. Also if your mortgage company get to hear of what you have done then they can foreclose on your mortgage at a stroke and you will be without your property and a large financial loss I would imagine. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 4, 2014 Author Report Share Posted May 4, 2014 what kind of cash pay out would you consider ? Link to comment Share on other sites More sharing options...
Grampa Posted May 4, 2014 Report Share Posted May 4, 2014 If you return any deposit you can serve a s21 and go through the normal procedure.Don't use the s8 route as a counter claim of not protecting the deposit can bring the arrears below the 2 months mark needed.Don't mention to the tenant about deposit protection or lack of it and if the tenant wanted to make a x3 claim they would either use one of the companies out there or try to do it themselves but it isn't straight foreword and not the small claims route.In summery return deposit, serve correctly a section 21 and then start the court procedure to evict. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 4, 2014 Author Report Share Posted May 4, 2014 My tenant knows all about rent protection scheme, she told me exactly what she was legally able to do, but let me off by having two months rent free. plus I don't really want to go to court because as melboy states im in deep dodo. Link to comment Share on other sites More sharing options...
Melboy Posted May 4, 2014 Report Share Posted May 4, 2014 In your case? £500 on the strict understanding that she leaves the property asap and keeps quiet but of course will she keep quiet? Personally I don't think so and here the problem lies. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 4, 2014 Author Report Share Posted May 4, 2014 I don't think she will go with just 500, that wont solve her problems, which have been caused by me if im honest, but don't know how to get out of this situation. Link to comment Share on other sites More sharing options...
Melboy Posted May 5, 2014 Report Share Posted May 5, 2014 Well, to be honest, I don't think anyone on here can help you out any further with any advice that would get you out of the mire you are in. Good luck though. Keep us updated on how it goes for you. Link to comment Share on other sites More sharing options...
Grampa Posted May 5, 2014 Report Share Posted May 5, 2014 You don't need to go to court for a s21 court hearing and any deposit protection issue doesn't come into it. There would only be a hearing if a defence is put it and that can only be for (generally speaking) the notice being served incorrectly, the dates wrong or the deposit not protected but if you return it, (before serving) it isn't a problem.It doesn't stop the tenant putting in a x3 claim at a later date though. Link to comment Share on other sites More sharing options...
Melboy Posted May 5, 2014 Report Share Posted May 5, 2014 It doesn't stop the tenant putting in a x3 claim at a later date though. That's just part of the problem Grampa.......this tenant has knowledge of what they can get away with and claim compensation and even though the Landlord has granted two rent free months this won't satisfy this tenant I can guarantee that. This of course i just one of the problems LL in Somerset is faced with. The mortgage company could be a worry and even more of a worry is the management company which, as stated, is forcing his hand to take positive action in removing this tenant. Link to comment Share on other sites More sharing options...
Grampa Posted May 5, 2014 Report Share Posted May 5, 2014 Yes but what is to stop the ex-tenant still putting in a claim after they have been bunged a few quid unless you start getting into agreements drawn up by solicitors and the costs that involves.Remember the possible claim is only UP TO x3 not necessary x3 the value of the deposit. If she has been let off 2 months rent already to mitigate any claim the most she could claim for is one month more. If she claims the full amount then surely the 2 months rent is still owned and the landlord could counterclaim any penalty with outstanding rent owned.Lots of tenants like to threaten this and that but they don't always go through with it.I wouldnt be too worried at this stage about the management company as all they can you is threaten forfeiture of the lease and that is a very long process that has to go through the courts that is unlikely to be successful. As long as LLinSomersett keeps them informed and updated on the steps being taken to get the tenant out they should be ok about it. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 6, 2014 Author Report Share Posted May 6, 2014 Hi, thank you for all your advice, I will be back to let you know how it all goes. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted May 7, 2014 Report Share Posted May 7, 2014 It doesn't sound like LLinS has much dosh to play with so my thoughts, take the deposit protection insurance scheme, so it is then protected. Serve the prescribed information, too late already but better than never. Serve the section 21 and prepare for the repossession procedure. Now offer the T a pay off in hopes that negotiations will be satisfactory. A proviso could be to include a signed acknowledgement that no claims from either party are possible as the agreement is for full and final settlement of all affairs. Who enjoys the deposit after this is open to the negotiation. I realise that the legislation will most likely cause the settlement to be ignored as the terms of legislation haven't been met but a defence to the 3x claim (plus return of deposit) would 'hopefully' be offset by the 2 free months (depending how demonstrated ie what was it for?) and the pay off. The advantage as I see it is the return of the power of the section 21. At least the LL has some power again, and hopefully just to negotiate closure. Link to comment Share on other sites More sharing options...
Mortitia Posted May 7, 2014 Report Share Posted May 7, 2014 Additionally to all this advice above - the fine is 'up to' 3X the deposit so damages may not be as much as anticipated but OP will also get legal costs which could be ££££s. Best bet is to buy way out if at all possible. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 7, 2014 Author Report Share Posted May 7, 2014 How do I get legal costs though? if im the one in wrong? Link to comment Share on other sites More sharing options...
Grampa Posted May 8, 2014 Report Share Posted May 8, 2014 If the tenant takes you to court for not protecting the deposit you would be liable for their legal costs. But that is a long way off and only if they actually want to go down that route. But before it gets that far there would be a number of letter sent to you Link to comment Share on other sites More sharing options...
Melboy Posted May 8, 2014 Report Share Posted May 8, 2014 How do I get legal costs though? if im the one in wrong? Mortitia means legal costs awarded against you and not for you. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 23, 2014 Author Report Share Posted May 23, 2014 more advice needed please.. were nearing the end of the tenancy, one week left. she still wont leave and is insisting I take her to court to get her out. which I do not want to do. can I just wait for her to leave the property to go shopping or whatever.. after the tenancy has finished of cause. go in and change the locks so she cant get back in and put her stuff outside. thank you in advance. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted May 23, 2014 Report Share Posted May 23, 2014 If you change the locks your do do will get much much deeper. That's illegal eviction with very serious potential penalties. As there is no chance of property surrender 'only' a court can grant repossession for you. After that you must then ask the court to instruct the Bailiff to hoof her out if she still remains, but most leave after the court grant a repossession date. Link to comment Share on other sites More sharing options...
LLinSomerset Posted May 23, 2014 Author Report Share Posted May 23, 2014 ok thank you. Link to comment Share on other sites More sharing options...
Richlist Posted May 24, 2014 Report Share Posted May 24, 2014 There are firms who will deal with this for you, here's one: http://www.landlordaction.co.uk/site.php/about Link to comment Share on other sites More sharing options...
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