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section 21

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Mark gibby
Mark gibby
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hello team
to be brief, i commenced a section 8 which ended up in a counter claim. despite my confidence in my case because of the excessive time things are taking (we still dont have a court date..) i also issued a section 21 which expired yesterday. whilst filling in the court S21 court form (first time for me) it asked me to to give a date for when my tenants received their notification of rent deposit. it was only then that i realised i have cocked up. the tenants (who were not local..) gave me the full deposit some weeks before the tenancy commenced, and although i secured it and gave tenants notice just ten days after the tenancy commenced it is MORE than 30 days after receiving the funds. Question. is there any point paying the (280?) section 8 court fee if the deposit was not protected in time? I am already in line for paying out damages for this failure (they are represented on their section 8 counterclaim)
If you advise me not to proceed, because i am not at all confident of a successful outcome in my section 8 claim/counterclaim, i now believe my best (only?) option is to issue a NEW tenancy agreement, they have been there since Oct 2013 so it is not unreasonable to use this "opportunity" to make a small rent increase.. At the same time I can issue the (correct) S21 with the rent agreement and of course protect the deposit and notify them accordingly
Do i have any other option? proceed with my current S21 even though the deposit was not protected in time or cut my losses and issue a new tenanncy agreement and start again?
Thank you
Mark Gibby
24/04/2015 14:37

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