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Tenant In Situ and Eviction

LANDLORD FORUMCategory: EvictionTenant In Situ and Eviction
Jat Singh asked 5 months ago

Hope everyone is safe and well!

Recently purchased a property (England) with a tenant in situ, this was on a standard AST on a rolling periodic basis. The property was bought in an auction and due to the tight timescales and pandemic, very little information was recieved.

I would like to issue a section 21 for eviction. My solicitor was not very good at providing or obtaining much information. There was no information given on the deposit, which according to the AST was taken by the previous owners/landlords. I have emailed my solictor, who has contacted the sellers solictors and have been a frustrating wait for a couple of weeks. I guess without finding out what has happened to the deposit and protecting it I cannot proceed with section 21?

Additionally as I have taken over the AST, I have been provided with rent records and they state the tenant is around 3 months in arrears. I have owned the property for around a month and still waiting for rent, which they mention is down to universal credit delays. Anyway as I have taken over the AST, are the 3 months due to the previous landlord also owed to me? I am not likely ever to see this but just thinking in terms to evictions and arrears?

Thanks

2 Answers
Marc Attwater Staff answered 5 months ago

You can check with the 3 tenant deposit schemes if the deposit ir registered with them. You can however, serve a section 8 notice for rent arrears but need to be mindful of the new restrictions imposed by the new legislation: https://thebla.co.uk/new-restrictions-on-eviction-and-debt-recovery-2021/ if you are still unsure about any element on how to proceed in evictiong your tenant as a member of the BLA you can ring the free legal helpline.

Jat Singh replied 5 months ago

Marc Attwater – Many thanks for the reply, I checked and did find the deposit registered with DPS. I am a bit rusty as not done an eviction for about 10 years, but still should have thought to check :).

I have just emailed DPD and contacted the tenant and will soon chase the solicitors. The deposit should have been a simple release and reregister but unfortunately the conveyancing solicitors did not do their job.

Now we know where it is, I still need to have it released to me and then I can reregister. Hopefully I will be able to get this done and then most definitely will use the free legal helpline.

Marc Attwater Staff answered 5 months ago

OK, best of luck, hope things go well for you.

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