Ask Lorraine – One of my Tamworth tenants who has
been renting off me for nearly there years is on housing benefit. I gave this lady a chance when others would not take benefit tenants. Five months ago she became a nightmare tenant, she is now causing the neighbours problems and I am getting so many phone calls from them asking that I resolve the situation. Three weeks ago I received a visit from two of her neighbours demanding that I evict her. Unfortunately I live on the same Tamworth estate as my tenant.
I served a section 21 notice straight away and after receiving notification from the housing benefit department I returned the £500.00 deposit. It appears that the council are on her side as they are now saying that my section 21 is invalid and they have told her not to move out. I have been advised that I must provide evidence that the deposit was protected in accordance with regulations.
For the sake of my tenants neighbours, I need this lady out of my life as soon as possible and hope that you can advise on the best course of action in order to evict her.
Lorraine’s Answer –
It sounds as though the deposit wasn’t protected within 30 days of being received, if at all?
If you served the section 21 before returning the deposit, you will need to serve a new one as the council are correct, it is invalid.
In order to serve a valid section 21 there is also legislation paperwork that must be issued (and signed for) at the start of the tenancy. I would recommend checking out the government website https://www.gov.uk/renting-out-a-property to ensure you did issue this. Once you have your ducks in a row, serve a new section 21.
Good luck in your quest.
Until next week
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