We’ve inherited a property with a sitting tenant and have discovered that the deposit was not protected within 30 days of the start of their tenancy. The tenant is now on a rolling periodic tenancy and asking for us to drop their rent, they are also already under-renting and in arrears.
The issue we have is that because the tenants deposit is not protected we can’t issue a section 21. Any advice on how to deal with this situation would be much appreciated as we want to avoid a section 8 and the courts.
You can issue a s21 if you refund the deposit
Bear in mind that gives them legal cause to get more money but likely this not being your fault you may not be penalised to the max and if you could run it against arrears
Serve a s8 and 21
S8 means you can serve within two weeks if two months rent arrears
Get the process in action
Realistically these people may not leave without going to court if they are in arrears and asking for a reduction in rent
They won’t have the money to go anywhere
So you are best of serving both and finding out which is the best and fastest route tor your area
Speak to an eviction specialist such as Paul shampolinis company
Would the option of starting a new tenancy with a six month break clause and a newly protected deposit then give us the power to issue notice after 4 months to get them out in 6? Might be quicker and more cost effective than a section 8 or return gin deposit/section 21?
We could couple this with landlords insurance with rent protection?