Deposit Protection Scheme & Section 21 Help

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    Deposit Protection Scheme & Section 21 Help

    I have been a private landlord for a quite a few years now and have several properties I let out. I usually don't rent out to DSS but one of my tenants has recently gone onto this due to the pandemic. Whilst I am always up to date with gas and electrical safety certs I have not used a Deposit Protection Scheme before (I have only just found out that this is a legal requirement!). I am planning on selling one of my properties which currently houses a DSS Tenant and served her a Section 21 only to be told by the council it is invalid due to not having participated in a DPS

    My question is this, if I were to renew her tenancy agreement now, would I be able to reissue all the documents (including a DPS) and the day after serve her with a section 21? would this be valid in the eyes of the council to provide her with a council house?

    Thanks in advance

    #2
    The only way to be able to serve a section 21 notice when a deposit hasn't been protected is to return the deposit to the tenant before serving the notice.

    The tenant is likely to decline to accept the returned deposit (if they have any sense) and you may have created yourself quite the problem.

    The tenant is also able to sue you for the return of the deposit and a penalty of up to three times its value.
    The same will be true of all of your other tenants where you have failed to meet your legal requirements.

    This has been the law since 2004, so it's hardly reasonable that you didn't know about it.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Originally posted by DaJoLy View Post
      My question is this, if I were to renew her tenancy agreement now, would I be able to reissue all the documents (including a DPS) and the day after serve her with a section 21? would this be valid in the eyes of the council to provide her with a council house?
      The chances of someone getting a council house nowadays are very remote.
      You're making them homeless, not passing them to a caring local authority.

      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        The council will be advising your T, to stay in the property until the bailiffs come and escort her off the premises, all this costs a lot of time and money bare this in mind when you are selling.

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