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.

FAQ’s

What if the tenant is not at the property or refuses to open the door?

Should the tenant not be present when our enquiry agent or process server attends the property there are a number of options available. Depending on the instruction, we can letterbox the envelope and take time-stamped photographs in support of the Substitute Statement of Service. Alternatively, we can commence surveillance at the property and await for the tenant to return and then affect personal service of the rent deposit.

What if the tenant refuses to take the envelope containing the rent deposit?

Our experienced process servers and enquiry agents have many years of experience dealing with difficult or evasive tenants. During personal service, we will inform the tenant that the envelope contains the tenancy rent deposit in cash. We will then hand the rent envelope containing the deposit to the tenant. Should the tenant refuse to take the envelope, we will then effect personal service by leaving the envelope in the tenant’s proximity. Once the envelope containing the rent amount has been left with the tenant, the service has been effected. The landlord or landlords agent can now issue Section 21 notice to start the eviction of the tenant.

How much does it cost to instruct your process server or enquiry agent?

We offer very competitive private investigation and legal support services rates. For a current list of our prices and hourly rates, click here.

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

Contact Bravo Investigations & Enforcement today and benefit from competitive rates, world-class expertise and prompt, efficient legal service. Call us on +44 208 123 9239 or email info[@bravoinvestigations.co.uk Our email is monitored 24 Hours.