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Tenant In Situ AST and Deposit

LANDLORD FORUMCategory: EvictionTenant In Situ AST and Deposit
Tenant In Situ AST and Deposit 1Jat Singh asked 8 months ago

Hi All

Does anyone have any experience of purchasing a property with a tenant in situ, then using the existing AST plus other documents (deposit protection etc) when to trying to evict?

I bought a property with a tenant in situ a month ago, as part of the convenyacing there was no mention of deposit. Ever since I have been going crazy contacting mine and sellers solicitors, previous letting agent and not getting any help. After a lot of leg work, I found out the tenant has the deposit registered with DPS, but the previous landlord registered it around 3 months after the start of the AST.

Due to complexities, I dont want to do the eviction papers myself and have been asking eviction specialists to take this on but they also seem not sure about the deposit situation. The eviction specialist I want to appoint has said that I should get the deposit in my name asap (within 30 days but that has now lasped) and let the tenant know etc. However as I am not getting any feedback from the previous owners, I contacted DPS. However their policy is that they can look into transferring it if I provide a mortgage statement or land registry title document with my name. The property does not have a mortgage, I have downloaded the land registry a couple of times and it is still on the old owners name. I have phoned land registry and there are huge delays (weeks) and they even said they are waiting for my solictor to send in the request.

Anyone know if I can still provide a section 21 using the old landlord/owners deposit, even though it was registered 3 months late? If I have to transfer into my name, then it looks like it will take a couple of months and through no fault of mine. I will keep the emails as proof. As evictions specialists are either not sure(understandable) or only willing to look into this in detail with a payment, should I maybe look to appoint a solictor as opposed to a eviction company?

Thanks

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