Help needed

[Littlemo]

Hi this is my first post and I think I have made a big mistake that I need help with! I am not a professional landlord but have let my property out whilst we have been working abroad. We now need to come back and wish to gain possession. We let it out using a letting agent on a let only basis. It was firstly let from April 2007 to March 2009 when the tenants decided to move out. The letting agent then re-let it from the 4th April 2009, again on a let only basis. They did the references and the AST which has now gone onto a periodic tenancy. Browsing on here for advice as to when I should issue a Section 21 notice, I realised that I should have got the deposit registered. At no time was I ever told this by the agent so I didn't know anything about it. I have now read that I cannot issue a Section 21, so how do I go about getting the tenant out as I need the house back to live in. Any help or advice would be greatly appreciated.

[Mortitia]

Hi Mo,

When you let via the agent did he not tell you about protecting the deposit or try to get you to use his scheme?

Most agents want to know what you are going to do with the deposit before they will put tenants before you so you might be able to use this as your defence. Be prepared to pay 3X deposit to the tenant if it goes to court.

You don't say if tenant is not paying rent or you just want them to go? I suggest you write nicley to tenant giving 8 weeks notice as per your agreement and follow up with a phonecall to assess situation. You may be able to get them to leave amicably with just an full refund and not mentioning the deposit protection. Finding them alternative accommodation may also smooth things along ( if the tenant was a good one that is)

If that does not work try looking at a Section 8.

Cheers,

Mortitia

[Littlemo]

Hi Mo,

When you let via the agent did he not tell you about protecting the deposit or try to get you to use his scheme?

Most agents want to know what you are going to do with the deposit before they will put tenants before you so you might be able to use this as your defence. Be prepared to pay 3X deposit to the tenant if it goes to court.

You don't say if tenant is not paying rent or you just want them to go? I suggest you write nicley to tenant giving 8 weeks notice as per your agreement and follow up with a phonecall to assess situation. You may be able to get them to leave amicably with just an full refund and not mentioning the deposit protection. Finding them alternative accommodation may also smooth things along ( if the tenant was a good one that is)

If that does not work try looking at a Section 8.

Cheers,

Mortitia

Thanks for the advice. At no time did the agent ever mention that I had to protect the deposit and as I was abroad at the time I left it all up to the agent. I was thinking of issuing the Section 21 and hoping for the best. She is a good tenant, but she is now on Housing Benefit as just after she moved in her husband left and she had to go on benefits. She has 2 children. She did get behind at the time as the benefit is paid in arrears but she offered to pay the arrears off monthly which she has done with no problems. I feel bad having to give her notice as she seems quite settled, but due to illness we are having to come back much sooner than was planned and need our house back. There are lots of similar houses to rent in the area but she might have a problem due to being on benefits.

[Mortitia]

Before issuing the section 21 I would contact her by letter saying politely why you need your house back and that you would be happy to give her a reference (v. important in renting) if she moves out on the said date.

However if she is going to go into council accommodation they will wait until you evict her and that is when your section 21 usability will come into question.

If the agent is still in business I think it would be worthwhile holding him responsible if you get fined as if the let was after 1st April 2007 he was legally bound to inform you about protecting the deposit. In fact you could still protect the deposit now and that would show to the court you were trying to comply and not get a fine. ( A recent case has set a precedent for this.)

You could also refund her deposit in full but this may leave you at risk if she vacates leaving damage to the property.

Mortitia

[Littlemo]

Many thanks for your help. I will probably take your advice and write to her first and take it from there.

[snorkerz]

You can still protect the deposit. Visit www.depositprotection.com and pay by credit/debit card. The service is free. Once you have done that, and given tenant the 'prescribed information' then you can serve a section 21 notice the following day. Protecting the deposit will also protect you from any claims for 3x deposit.

No point serving a dodgy s21 notice - the council housing people will come down on you like a ton of bricks because it is their job to keep people OUT of the limited amount of social housing available.

[Littlemo]

Many thanks for your advice. I will do that. I am so annoyed with the agent for not telling me in the first place.