darrylclemson Posted July 29, 2008 Report Share Posted July 29, 2008 Hi I have a problem tenant, upon whom I have served the necessary section 21 notice & am about to apply to the court for a claim for possession. The problem is that the tenancy began in June 2007 & I have only just found out about the requirements re tenancy deposit schemes, so for this tenancy I have just taken a deposit in the traditional manner. Does anyone know if/how this will affect the eviction process & how to get around it? Many thanks Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 29, 2008 Report Share Posted July 29, 2008 Well the first thing you need to do is to protect the deposit and send the precribed info to the tenant. (get proof of postage). Legally you cannot use a section 21 unless the deposit is protected so in theroy the one you have all ready served is invalid. But if you apply to the court using the one allready served I supposed you may get a possesion order if it wasnt defended. The last time I had someone evicted using a s21 the deposit protection did not come into it or mentioned by the court. The safest and correct way would be to protect deposit, send info to tenant and then serve correctly another s21 . Or give back the deposit to the tenant but how that would affect the first s21 I dont know. If the tenant is 1 month and 1 day in arrears with the rent you could serve a section 8 using grounds 8,10,11 and the issue with the deposit is not a issue. Also you can apply to the court 14 +2 days for service to get a hearing. Using a section 8 under those grounds the tenant can put a spanner in the works by paying enough arrears off to bring them 1 penny under 2 months owed and ground 8 is invalid which was the mandatory posession ground. You then have to rely on ground 10+11 (which is about aways paying rent late). The judge does not have to give posession and if the tenant defends it there is a good chance you wont get it. If the tenant does not defend it and you can prove they have always paid late your chances are a lot higher. You have to make the decision of if you think the tenant will defend it or get legall advice or will just bury their heads in the sand. Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted July 29, 2008 Report Share Posted July 29, 2008 Hi Good advice I would do section 8 in this case to remove possible TDS get out of jail free card Oliver Link to comment Share on other sites More sharing options...
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