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Hi I am a landlord and I have a tenant who is receiving

Hi I am a landlord and...
Hi

I am a landlord and I have a tenant who is receiving housing benefit. The rent from the housing benefit is paid directly to myself, and the difference in rent is topped up by the tenant.

The tenant has failed to pay the rental difference (£400 per month) for the past 6 months. I served the tenant a section 21 Notice a few months ago, and eventually the court summoned us both to a hearing. I had foolishly forgotten to register the deposit with a tenancy deposit scheme, so the judge told me that the Section 21 notice is not valid, however he said that I could pursue the tenant via a Section 8 notice.

My question is as follows:

Can I issue the tenant a section 8 notice if the deposit is not officially registered? I am intending to use grounds 10 & 11.

Many thanks !
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Answered in 39 minutes by:
9/18/2013
James Mather
Category: UK Property Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

When did the tenancy begin?
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Customer reply replied 4 years ago

The tenancy began in Feb 2009.


 


Thanks

Have you registered it now?

If not, do it straight away.

Then issue s8

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Customer reply replied 4 years ago

I tried to register it but i couldn't because the tenancy officially ended in Feb 2013 and since then I have been trying to evict my tenant. If i register the deposit, then i will have to give them a "future" date - which I am concerned will imply that the tenancy has not officially ended?


 


To give you a little more background - the deposit was for a contract I issued the tenant starting in Feb 2009, the tenant fell behind in rent and asked me to use the deposit at the time to cover the rent. However, in Feb 2012 I agreed a new contract with the tenant and for this particular contract there was no deposit paid.


 


Where does that leave me with regards XXXXX XXXXX the deposit?

In which case there is no deposit. Why didnt you raise that with the judge re s21 notice?
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Customer reply replied 4 years ago

I raised that with the judge, but she did not have a copy of the current contract, and the judge said i should have stated on the S21 that there was a previous contract. He then advised that i could use section 8, but i want to make sure that i can go ahead with a S8 notice given the current issue i have with registering a deposit - although as you say, that deposit was part of the original contract and not this current one.


 


Many thanks

To be honest I would issue a s21 notice again AND s8, then if s8 fails for any reason, you can back back on the s21

 

James Mather
Category: UK Property Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
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