Section 21 and rent arrears eviction?

You write "Unfortunately, I did not secure the deposit in TDS within one month....
It’s only £625 so no big deal in the scheme of things.
Is this correct?

No. It's a huge deal. I would return, issue section 21 and evict. If you chase arrears they can counter claim and will win, it's cast in stone, deposits must be secured.

Through gritted teeth be as lovely and nice as you can. If a no win no fee solicitor picks this up you're in for a bumpy and expensive ride and I think it's about 6 years they could come back and claim against you.

So yes, it's a big deal.

It’s not how much rent arrears are it’s how many months in arrears. Needs to be more than 2 months in arrears.

Could try to return the deposit but tenant might not accept if they know their stuff.

Not protecting the deposit leaves you open to refund the deposit PLUS up to and additional 3x the deposit so a possible refund of just under £2,800

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Voice of experience here - YES, go for the small claims BUT only for £300 as that will only cost you £35 but will give the tenant(s) a CCJ . You are VERY unlikely to ever get the rent owed - You could actually wait 5 years before issuing the claim, by which time the tenant will have forgotten about you and will have lost all of his paperwork.

Got to love 'eviction specialists' who feel they can give advice when they don't have all the facts (or they do have the facts and don't know the law).

In relation to the deposit issue only, in order to serve a s21, you need to return the deposit to the tenant first.

You can claim rent arrears at the same time as the eviction if you use Section 21 or Section 8.

You can also use Section 21 and Section 8 at the same time.

Happy to advise further.

Reply to the comment left by Judith Wordsworth at 15/01/2025 - 09:36"Not protecting the deposit leaves you open to refund the deposit PLUS up to and additional 3x the deposit so a possible refund of just under £2,800"
and the not so insignificant solicitors fees. eye watering and sickening amount. Ask me how I know....
ha, no dont, I still cant talk about it.
To OP, just get out as soon as you can, you are not watertight with this and, if they are on benefits, solicitors etc circle like vultures to help the poor souls.
Im over 50, had some savings and was happy in life. 1 benefit tenant almost bankrupted me. Never again.
Avoid court at all costs and get out of this, write off the unpaid as a bad choice of tenant but believe me its a pittance if you end up against legal aid and/or no win no fee.
Using a section 8 will invite a counter claim, ours tried dilapidations, (deliberate sabotage of water and heating) fake invoices from fake builders etc etc. None of this was/is cheap. Get them out, professional assistance if you are unsure using an eviction specialist and try to avoid court.

Reply to the comment left by White Collar at 15/01/2025 - 10:06
I'm with you there. But claiming the rent arrears in the same litigation means there can be breathing space relief and a trial. Better to do s21 accelerated after returning the deposit. Then claim the rent arrears via mcol

When faced with rent arrears, I opted against issuing a Section 8 notice. The tenant is likely to contest it in court, making it hard to regain possession of the property. Moreover, the judge will first demand proof that the deposit was protected. Failing to provide this proof puts you at a disadvantage and could result in a financial penalty. The situation can further deteriorate if the tenant proposes to clear the arrears over an extended period, which the judge may accept, leaving you without possession of your property.

A better approach is to issue a Section 21 notice instead of a Section 8 notice. Simultaneously, file a claim for rent arrears in the small claims court. Although you may still face questions about deposit protection in court and potential consequences, this strategy increases your chances of regaining possession of the property.

Reply to the comment left by Peter Jones. at 15/01/2025 - 10:33
I went to court with a S8 and the tenant offered to clear the arrears by payments. I disagreed with this, HOWEVER luckily I had used an eviction specialist (Landlord Action) and they had a solicitor sit next to me at the hearing. He pointed out to the judge that more than 2 months rent arrears was mandatory and the judge couldn't accept repayments. The judge backed down at that point and I got the house back (after having to use bailiffs to evict).

All change now though with the new S8s

Peter.
Thanks. Really interesting to note that a judge 'can' be informed of the relevant law.
Also that they then applied it.

Reply to the comment left by Jim K at 15/01/2025 - 11:03That was a few years back, mandatory means mandatory for rent arrears - and the tenants didn't counter claim for anything.
One thing I have done for years is send the tenant a maintenance form every 4 months with a pre paid envelope to return it to me. On the form I ask for any minor or immediate repairs they need doing - this doesn't mean you have to do them if they are minor but for example - windows where the seal has broken and are misted I would do within a short amount of time.
If the tenant didn't send the form back them I would do an inspection myself and get the tenant to sign it.
I have these forms scanned in from day dot so I can at least prove maintenance was up to scratch .. and I have never taken deposits so that's another worry gone.