How to evict a tenant if the deposit is not protected

You may be wondering how to evict your tenant if their deposit has not been protected, and the truth is, not easily. The law requires that landlords put their tenants’ deposit in a deposit protection scheme within 30 days of receiving it, and failure to do so could lead to harsh penalties from the court. 

Trying to evict a tenant is stressful as it is, and may become more complicated if their deposit has not been protected. But, here, we’ll take a look at the procedure to take to evict a tenant. We’ll also take a look at fast track evictions and section 8 grounds for eviction. 

Deposit protection schemes 

Before going into detail about how to evict a tenant if their deposit is not protected, let’s take a look at the different deposit schemes that landlords can use for tenant deposits. 

By using these government deposit schemes, you ensure that your tenant feels secure in the fact that they will get their deposit back once the lease has ended. There are certain requirements that tenants need to meet in order to get their deposit back, such as: 

• Meet the terms of your tenancy agreement
• Look after the property and ensure there is no damage
• Pay the rent and bills. 

The three deposit protection schemes that the government offers are: 

• Deposit Protection Service
• MyDeposits
• Tenancy Deposit Scheme

If you, as a landlord, fail to use one of these deposit schemes, you run the risk of financial penalties (where the court can order you to pay your tenant up to three times the amount of the deposit) or your eviction claim being dismissed. 

Reasons for eviction 

There are different reasons that you would ask your tenants to leave, whether it be because you need the property back for personal reasons, or if the tenant is failing to pay rent on time, and has done so for several months. Depending on the reason for eviction, you will either serve a Section 21 notice or a Section 8 notice. 

Section 21 notice

A section 21 notice, also known as a ‘no-fault’ notice, is one that is served if a landlord wants to serve their tenant notice at the end of a fixed term contract, or on a rolling periodic tenancy. As a landlord, you do not have to give your tenants a reason as to why you want the property back, but do need to provide them with at least 2 month’s notice. 

Section 8 notice

You’re entitled to serve a section 8 notice if you want to terminate the lease early due to one of the following reasons: 

• Tenants not paying rent
• Tenants damaging the property
• Tenants behaving antisocially. 

Wanting to serve either of these notices becomes tricky, however, if you have not taken the time to protect your tenant’s deposit. This is due to the fact that your tenants automatically gain extra leverage as they can argue that their rights for their deposit being protected have not been met, making the eviction process more complex.  

The procedure to evict a tenant

The first step in being able to evict your tenant is to serve the notice of eviction once you have gathered all the necessary information needed to back your claim up. Keep a detailed record of all forms of communication you’ve had with your tenant, including texts, emails or any photographs of damaged property. 

Next, if your tenant has not yet left the property after the notice period, you may need to apply to the court for possession of the property. You can do so by: 

• File a claim: submit a possession claim at your local county court. 
• Prepare documentation: include your tenancy agreement, the notice you served, and any evidence you have gathered.

• Attend court: if the case goes to court, you should be prepared to present your evidence and answer any questions the judge may have.

What is a fast-track eviction?

Fast-track eviction is a process designed for landlords to regain possession of their property quickly. This route is typically available for straightforward cases, such as those involving rent arrears.

There are, however, certain criteria that must be met in order for a fast-track eviction to qualify. For example, the case should only be based on the fact that tenants have not been paying rent. Also, the amount owed should fall within the limits set by the court. Here’s how to go through the fast-track eviction process: 

• Filing a claim: File your claim in the county court, specifying that you wish to pursue a fast-track eviction.
• Timeline expectations: Fast-track evictions are typically handled more quickly than standard claims. You can expect to receive a court date sooner, often within weeks.
• Court hearing process: During the hearing, you’ll present your case, and the judge will make a ruling. If you are successful, you will receive a possession order which means that you will be able to get your property back. 

Things to consider

There are a few other things that are worth considering when going down the route of wanting to evict your tenants without having protected their deposit in a deposit protection scheme. For example:

Seek legal guidance

Consulting with a solicitor who specialises in landlord-tenant law is crucial, especially when dealing with an unprotected deposit. They can help ensure that you follow the correct procedures and protect your rights.

Potential defences from tenants

Tenants may raise defences against eviction, such as claiming they were not properly notified or arguing that the eviction is retaliatory. Being prepared for these defences is vital. There are also possible consequences for not protecting a tenant’s deposit, such as the tenant being able to claim damages in court and delays in the eviction process. 

So, it is important to make sure that you always put your tenant’s deposit in a government deposit protection scheme to ensure that you have followed the correct procedures and so that if you need to evict a tenant, you are left with as little complication as possible.

If you’re in need of landlord insurance, then make sure to contact one of our team of experts at CIA Landlords today on 01788 818 670.