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How to Evict Tenants if the Bond was Not Registered Correctly

Evictions SouthEast receive frequent enquiries from landlords with concerns about the eviction process, the legal process of eviction is not always easy to follow and there is a lot at jeopardy if the process fails or the required outcome is not reached. Furthermore, should a landlord not follow the correct eviction process they could be subject to large fines in addition to the financial losses incurred by the tenancy issues.

One of the common concerns expressed by landlords is with regards to how they navigate the eviction process in the situation where the original bond / deposit was not registered correctly according to the prescribed information.

The lack of a registered bonds effects the two main eviction processes differently. In summary a section 21 eviction notice would become invalid if the deposit was not registered correctly – however, Evictions SouthEast can take steps to work around this. A section 8 notice is different to the section 21, and we can assist you with an eviction using a section 8 notice even if you did not originally register the deposit correctly. It is however important that we look at your individual case to assess which would be the best strategy to take, bearing in mind speed and costs.

About the Tenancy Deposit Schemes

The rental deposit for an assured shorthold tenancy has often been a source of contention between landlords and their tenants. Deposits often disappeared, or tenants found that large deductions were taken unfairly at the end of the tenancy scheme. For this reason landlords who rent their properties are required to safeguard them through a government-approved protection scheme, a regulation that came into effect under the Housing Act 2004. These schemes are designed to protect both parties so that tenants know where their money is and landlords can register it to give them greater protection. But what happens if you are a busy landlord, with a few properties, and forget to register your deposit? What if you register it late and then run into difficulties with your tenant?

Here at Evictions SouthEast, we are experts in providing guidance and action for landlords who face difficulties with tenants, even if they have failed to register the tenant’s deposit, promptly or at all. Our quick guide gives you an overview, but we would encourage you to speak to us for more detailed advice about tenant evictions, particular to your situation. Our fully trained staff can deal with your case on an individual circumstance and can advise you accordingly.

How Types of Bonds / Deposits Should be Registered

Some tenants will put a cash deposit down, but some tenants may take advantage of the ‘Bond Scheme,’ which is designed to help people who want to rent privately, but cannot raise the funds for a deposit themselves. Some councils offer  a bond guarantee, which is a legally binding agreement between the Bond Scheme, the landlord and the tenant. This is instead of the ‘up-front’ cash deposit normally needed to cover the cost of any damage to or loss of their property when a tenant moves out. The landlord can claim any damages against the bond, when the tenant moves out. 

Whichever form of deposit that your tenant has, both are bound by law. However, the majority of council backed deposits are not required to be registered, and in most cases the 'bond certificate' will state this. All other bonds should be registered.

Deposits - what is the 'Prescribed Information'

Under the prescribed information order, landlords are legally obliged to make certain information regarding the tenancy deposit protection scheme available to the tenant. This includes information around protecting the deposit, the deposit itself and specific tenancy information. Landlords can get access to the template for this, to make sure that they follow the correct legal requirements.

This completed information must be given to the tenant within 30 days of the landlord receiving the deposit, and the tenant must be given time to read through it.

When Deposits Are Registered Late by the Landlord or Agent

Landlords are legally obliged to register the deposit, and pleading ignorance to the law is not a sufficient reason to fail to do this. Although if landlords need to look to evicting the tenants, this is still possible if the deposit has been registered late, it is not ideal. It is up to the discretion of the Judge, some of who will grant eviction proceedings if the deposit is registered beforehand, but others may not.

Often, it would be better to serve notice to evict under Section 8, which is often viewed more leniently by judges, where landlords have registered the deposit late.

What if the Bond isn't Registered at all?

If the deposit is not registered, then any Section 21 notice would be invalidated. This means that the landlord could not evict the tenant if there were any problems. Moreover, because the regulations are legally binding, the tenant can take the landlord to court. The court can either demand that the landlord either repay the deposit; pay the deposit into a scheme; or pay the tenant a lump sum, equal to three times the deposit. All of these requirements are to be met within 14 days of the court hearing.

A judge may be more flexible in the case of a section 8 eviction notice when you need to evict the tenant for not paying the rent, tenants causing property damage or subletting - however this is a grey area and you should speak to an eviction service experts such as ourselves for a case review, and we can explain the fastest way to evict a tenant.


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Evictions SouthEast has a dedicated team of legal personnel ready to help you with your tenancy problems. We offer a free initial case review to give you some helpful information on how best to proceed with the case and what the likely outcome will be. Should you wish to proceed we will take on your case immediately with our transparent 3 step eviction process all based on a fixed fee pricing structure.

Evictions South East have a 100% success rate to date.

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Evictions SouthEast offer all landlords and letting agents a free initial eviction case review to help and advise you on which eviction process would be the quickest and most suitable for your situation.
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Success stories

"Throughout the process they [Evictions South East] were very knowledgeable and provided us with regular updates of the case status. Having a legal representative at the court gave us additional piece of mind and we went into the hearing expecting a positive outcome - they delivered on this as well!"
Simon Robinson, Belvoir!

"Many thanks to Evictions SouthEast without whose help I would have struggled to cope. Trying to evict a problem tenant is fraught with difficulty and distress. Yet, Evictions SouthEast were very supportive every step of the way. "
Keith, Private Landlord

"Firstly, thank you for all your help, the service Evictions SouthEast supplied was very efficient... no problem at the court, and a positive outcome. I have to add that all this was done while I was living 1,000s of miles away in Australia!"
Tony Gostelow, Private Landlord

"It has been actually brilliant working with Evictions SouthEast, from the very beginning to conclusion. I had spoken with many companies before I found you, and everybody just wanted me to sign up without actually paying much attention to what I needed or what the issue was despite having never gone through this before. But I am very glad I decided to go with you, because the eviction service I received from you has been first class and very much appreciate."
Imdad - Private Landlord

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