Opinions please (Dave A as well) - Deposit not protected by given back years ago

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elbowe
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A landlord friend of mine is in an interesting pickle. Well not a pickle, it's just a case of what ducks get lined up in what row :-)

The facts are below :

No arrears on rent. Good tenant. Landlord just wants his property back, and the tenant I expect would prefer to be evicted to ensure he gets council support of some description.

1. RLA AST issued 2nd October 2009, one months rent as deposit (Deposit NOT protected) - AST for three months (which I think is wrong as it will default to 9 - but that is irrelevant)
2. 2nd Sep 2010 Deposit returned so tenant could pay rent with it (tenants request - tenant good, so no issue doing this)
3. Various Rent increases since 2009 AST started (last one March 2013), all accepted by tenant and duly paid ontime
4. 14th Oct 2014 - S21 issued, expired 31 Dec 2014

Now the landlord wishes to issue court proceedings to get property back, as I say to help tenant more than anything but he does actually want property back to sell it.

My issue is with :

1. Deposit not protected, but of course it was returned in 2010. Will the judge have something to say on this in an accelerated possession N5b case?

2. There were a couple of new ASTs issued along the way to cover the fact that the deposit had been returned, however, the tenant just never signed them. Maybe the tenant knew it was a golden ticket, maybe he was lazy. Either way they were never signed or returned, so original 2009 signed AST still stands (for court) with the UNPROTECTED deposit on it, but of course the deposit was returned a year or so later (letter in file that says so).

I couldn't answer the question about if the S21(4)A from 31 Dec 2014 & 2010 letter of deposit being returned is sufficient to get the property back - I've never been down this road.

Any thoughts?

thanks

Les
24/02/2016 18:31

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