Help and Advice urgently needed
Rent Arrears

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11 Posts
9 years ago
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Dave is correct, the new act means that to have a valid section 21 notice you need to return the deposit back which seems unreasonable if they owe you monies, or agree an amount to return, or settle the fine for not securing the deposit.
If you kick off with the tenant it is worth noting the fine for not securing the deposit could be up to x3 the deposit amount and not including the deposit itself.
Is it worth invalidating your section 21 notice as the eviction process can take you three to four months from this point to physically get them out
From what I’ve been through and what I’ve read on the internet, serving a section 8 notice doesn’t seem a logical way to evict as most tenants at this stage are on legal aid and with the threat of eviction will counterclaim you with dis repair and this defence itself would add another 2-3 months
If the tenant has no money you are unlikely to get any money from them and once they know the process of they can easily wiggle out of paying.
Check with your LA to see if they are getting benefits and ask to have these directed to you they do this when you are 8 weeks in arrears
From experience over the years tenants can be very friendly at first but with the threat of losing their home things change overnight.
Hindsight may show you it’s easier cheaper to return the deposit, issue a section 21 notice, evict then pursue a small claim for anything they owe.
No one wants to loose rent but unfortunately this is the world we live in.

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