Problem with tenants

[BoyBlue_1985]

Hi all.

Last year I went travelling and as I'm not the richest man on earth I had to rent my house out to pay the mortgage. 1 year fixed rolled in to a short term tenancy agreement in April.
We served notice (section 21) and gave her 11 weeks rather than 2 months. Anyway Wednesday she refused to move out. So this where it gets complicated.

It turns out our letting agent didn't put the deposit in the correct goverment protected account and as she paid a year up front in rent she is allowed a 6 month notice period. Now all this is what a solicitors have told me and I'm wondering if anyone has any knowledge if it's correct before I start handing them wads of money for 2 paragraph letters

 

[Ifwecouldjust.......]

errr......isnt this a problem between you and the letting agent? Whats in the contract between you and the letting agent? Did you arrange insurance for Rent Guarantee / Legal Expenses and Tenants Dispute cover?

 

[aguero93:20]

Is the house insured?

 

[Gareth Barry Conlon]

The letting agent would have offered a range of services - did you agree and pay for them to do the deposit stuff? If not it is down to you?

I suggest joining the national landlords association. They have a very good Q&A section and forums and lots of sample letters for you to do all of this yourself.

Good luck.

 

[BoyBlue_1985]

We payed them for deposit and handling of departure we looked after everything else our selves. They have made some pretty big mistakes unfortunatly it turns out my tenants dad is a solicitor so if we don't have everything spot on they will know and I'm sure he has know since the beginning

 

[BoyBlue_1985]

errr......isnt this a problem between you and the letting agent? Whats in the contract between you and the letting agent? Did you arrange insurance for Rent Guarantee / Legal Expenses and Tenants Dispute cover?

It is to a point but that still won't help us move the tenant out. We will bill them for the mistakes they have made but I'm still 4 months from getting the tenant out now and paying for the pleasure of her living there

 

[Tragic meat van guy]

so they have stopped paying rent?? it wont get them out any quicker but can you at least destroy her credit rating?
Your average scrote wont care but if her dad is really a sol surely he will make her see what a pain in the arse life is with shit credit in terms of future rents, mortgage, mobile phone, car finance etc

 

[denislawsbackheel]

You could be well fucked.
Landlords who fail to protect the deposit within 30 days of receipt may risk fines of three times the amount of the deposit and cannot serve a Section 21 notice of eviction.

 

[CTID1988]

My landlord did the same, didnt put my deposit in a DPS. Had them over a barrel when it came to moving out

 

[BoyBlue_1985]

You could be well fucked.
Landlords who fail to protect the deposit within 30 days of receipt may risk fines of three times the amount of the deposit and cannot serve a Section 21 notice of eviction.

Yeah well she doesn't care about that funnily enough. We need to sort that out as it's a problem and if we had known letting agent done that would never of left it as for the rest I know and that's why I'm paying solicitors to sort it out