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S8 no good, s21 invalid


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Hiya all was wondering could someone give me advice, I have aTenant in my property, I told the tenant I will not be renewing the lease, which ends on the 7/9/19, the tenant said they will not be paying anymore rent, which up to now is a few days of three months, I contacted a solicitor, who has got back to me today and said that I have less than a 51% chance of winning, as the s8 I sent the Tenant could claim x3 of the deposit back because it wasn’t protected , I have given the tenant the deposit back into there bank account over a month ago, also the s21 is invalid because I didn’t protect the deposit. I am not renewing the lease, so obviously it will go periodic, what can I do to get the tenant to leave. The tenant is neglecting the property and it is going to cost thousands to put right. The tenant has been to the council saying I am harassing them and have threatened to change the locks which I haven’t, I have had no contact with the tenant in the last two months.

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You can pick up snippets of information and some good advice from internet forums......when you have specific questions about a particular problem but your situation is probably best dealt with by an expert. I would suggest using someone like Paul Shamplina of Landlord Action. There are other firms who will handle this for you....I have no connection with any of them.

Search for Landlord Action for details of costs and services offered.

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  • 4 weeks later...

Decocco,  You may well have to take a hit on the deposit but returning it was the first step to a correction.  3 x the deposit is the max fine.  You may not get that.

At start of tenancy did you give Prescribed information, Gas certificate CP12, How to Rent Booklet and EPC for the property.

If not then get to it now.  Get photographic evidence of serving these documents.   Then and only then will a S21 notice be valid. so start again.




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