possession

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Sam s
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hello, a couple moved into one of my properties 01/01/13. They were given 6 month ast and one months rent and deposit taken. Within a couple of weeks the female called to say there had been domestic violence issues and that an injunction had been served against her male partner. She asked if she could have a new tenancy with just her name and that could I use the two months upfront both for rent and she would give me a deposit when she was able. I issued a new tenancy in her name to start 01/02/13 and clearly stated in the appropriate box that deposit paid was nil and we both signed.
Thereafter she actually started to claim housing benefit and there have been two periods when she has not passed over the rent and is currently about 2500 in arrears.
A few months ago she asked me to issue her with a section 21 notice believing that the local council would then help to re house her. The notice expired and she confirmed she wanted to go ahead and apply to the courts for possession.
She has now been told that the council are reluctant to help her due to her arrears and has appealed against the possession claiming that she initially gave a deposit that wasn't registered and I am due to go to a hearing in 2 weeks. Obviously the deposit was not originally registered as she asked for it back to use for rent and no deposit was subsequently received. I have records showing that I do register all my deposits and have been doing so before her tenancy started.
Any advice?
14/07/2015 09:33

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