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Deposits and Tenancy Deposit Schemes (England)

Section 8 Notice when Deposit has not been Protected

16 Jan 2018 | 1 comment

I have not protected my tenants deposit.

I know that I cannot serve a Section 21 until it is returned but they are 7 months in arrears.

Can I still serve a section 8 Notice on rent arrears? Can this be successful?

I know that they can bring a counter claim against me but will this affect my right to possession?

The 7 months arrears would equate to more than 2 months arrears even if the counter claim was offset against the value.


1 Comment

  1. guildy

    You can still use the section 8 notice on the basis of them being 2 months or more in arrears.

    As you suggest, even if you got the worst case penalty (which is quite unlikely), you would still have sufficient arrears.

    In order to be succesful with a section 8 claim on ground 8, you need to show (a) they were 2 months in arrears on the day the notice was served and (b) two months arrears on the day of the hearing.

    When ready, our possession notices are available here.

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