Gene Posted October 30, 2011 Report Share Posted October 30, 2011 HI I am not sure how to proceed. The AST with my tenant ended earlier in the year and fell into the periodic tenancy. She has not paid rent since then. Issued a Section 8 which she did not pick up so hand delivered it. We got to court and Judge asked for statement re: the Service of the Notice and adjourned case till next year! I want to serve a Section 21 so my question is: From the first time the property was rented out to my tenant, it was a joint tenancy and the other party has since moved out. The tenacy started before the new law about deposits was implemented. As I only had half the deposit from the present tenant, this was what I deposited via the letting agents that took over the management of the property on my behalf late last year. The other tenant never asked for his deposit back as he had bills he hadn't paid. How do I proceeed? Can the present tenant ask for the other tenants deposit too? How will thje court view this if I had to get to court? Thank you for your help Link to comment Share on other sites More sharing options...
Carryon Regardless Posted October 30, 2011 Report Share Posted October 30, 2011 If this is a new tenancy and it sounds like it is. That is a new tenancy was created for the 1 present T (not remaining T as this shows continuance). Then the previous tenancy should have been closed out and has no effect on the present fresh tenancy. I assume all deposit protection paperwork has been given to the T and accepted as correct, a signature to this effect should have been taken from the T within 14 days. The correct paperwork should demonstrate to the court the status of tenancy and deposit. Unless there is more confusion we aren't aware of yet ?? Demonstrating correct service (the proof of service requirement) can be as simple as a statement by yourself, always a good idea to post with proof of despatch 'no signature required' as you've learned, the reciept from the P.O. shows post code and date. I invariably hand deliver also and my statement will reflect both methods. If you're lucky the T seeks advice and you get a letter from Shelter or some such do gooder organisation, service proven. Link to comment Share on other sites More sharing options...
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