Bravo Investigations & Enforcement was tasked to assist a law firm and landlord with a matter regarding an unprotected deposit under the Housing Act 1996. Due to the deposit being unprotected against current regulations, the landlord could not commence legal proceedings to evict the current tenant lawfully. See below the instruction from the solicitor firm:

“Briefly, we act on behalf of the landlord of a residential property currently occupied under the terms of an Assured Shorthold Tenancy agreement. Our client wishes to regain possession of the Property, but is currently unable to serve a valid Section 21 Notice as the deposit was not adequately protected in a recognised tenancy deposit protection scheme. The amount of the deposit must therefore be refunded before our client is therefore able to serve a valid Section 21 Notice.

Our client has been unable to obtain the tenant’s bank details and so the only alternative is to return the deposit to the tenant in cash. However, our client is currently out of the country so is unable to do this and our client’s wife does not want to return the cash deposit by herself. In the circumstances, is this something that Bravo Security t/a Bravo Investigations & Enforcement may be able to assist with? We would be looking for a process server to attend the Property and pass a cash payment to the tenant.

Further to the above instruction, our process server attended the property the following day and liaised with the landlord who provided an envelope containing the deposit in cash to be returned to the tenant. Our agent knocked on the door and the tenant answered the door. The tenant refused to take the envelope after being informed of its contents, and the agents placed the envelope at the tenant’s feet. The tenant kicked the envelope with their foot and shut the door closed. Our agent then took the envelope and placed it through the letterbox completing the service. Our agent took time stamped photos at the location in support of the service.

A statement from the process server was then sent to the client, and the matter was concluded. After completing the service, the landlord could now issue a valid Section 21 Notice to commence the eviction process and regain possession of the property.

Are you a landlord or solicitor requiring assistance with an eviction?

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