Check deposit protection problems before issuing.

The Claimant landlord owned and rented out residential premises which were once their home. The tenant had been causing many problems by failing to pay rent, acting in an antisocial way and damaging the property. The landlord was therefore keen to evict as swiftly as possible.

The landlord has used a letting agent who would not tell us whether the deposit had been protected. We advised the Claimant to protect the deposit in any event and  serve the compulsory information about this on the tenant. A s.21 notice was served and, once it had expired, accelerated possession proceedings were issued and a possession order was quickly made which we enforced by way of bailiff’s warrant.

Note: You will not be able to obtain possession unless you can show that you have complied with the law regarding deposits and may even find yourself having to pay the tenant a sum equal to  three times the deposit you took.

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