Deposit Protection Scheme Scenario

[zedstar]

Does anyone know the answer to this query I have, I looked on landlord forums, gov.uk and I can't find the answer to my specific question...

I buy a house in December 2015 and the tenant starts paying rent to me, I leave the deposit in the govt scheme where it's held under the previous landlords name.
I then realise this is incorrect and I advise the letting agent to pay her the deposit back as it is unprotected.
Previous landlord then demands and receives (!) the deposit as she owed him £2000 in back rent and he has won a CCJ against her for this. So they think it's clear cut.
I now will be serving a Section 21 as I want her out. Its a periodic tenancy so a S21 is no issue, but, is there a problem with the deposit? She went screaming at the letting agent who asked her to leave after she was arguing/shouting/swearing etc, she then called the police and told them she had been attacked. So she's deffo got some issues.

So will my section 21 be valid? I never took a deposit from her, I asked the letting agent to give it back, she already lost a CC case from the previous landlord and does owe him money so I can't see a reason that my S21 should be invalid, the only issue is that the periodic tenancy was obviously from her previous landlord, I never gave her a new tenancy with a NIL deposit.

[mcflurry]

If she moved in a month ago, presumably there's still a contract for the rest of the 6 / 12 months?
(assuming you meant Dec 2014)

[951TSE]

If you bought the house with a sitting tenant then I think you need to go back to the solicitor who handled the house purchase and see what documents exist in relation to that tenant and their tenancy.

[zedstar]

I've got the original tenancy contract, it's a 6 month contract and we are at month 10 now so it's definitely a periodic tenancy. I suppose the issue has become that her previous landlord refused to give her deposit back to her when I become the landlord, as she owed him rent. I've served her the S21 anyway so hopefully it'll be valid when I go to court over it, she definitely won't be leaving willingly.

Thanks for the replies so far!

[blindspot]

Sounds like the LA/ex LL have left you with a problem. Which deposit protection scheme was in use, and did they claim the rent arrears through the scheme?

[mondeoman]

FFS didn't your solicitor pick up on the fact that the sitting tenant was £2k in the red to the previous LL??

[zedstar]

I knew she was a problem tenant and about the rent arrears, I was always going to end the tenancy as soon as I got the place and I was quite aware she wasn't going to go smiling. I don't know whether the LA used the rental arrears process to get the deposit back, I will find out. My main concern is that I don't want my S21 to be invalid, although I genuinely don't have a deposit for her.

I might get the LA to confirm in writing how they dealt with the deposit, my major concern is if I go for accelerated possession the judge might decide my S21 is invalid due to the deposit business.

Thanks for the replies