Section 21 Notice and Deposit Protection

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  • Section 21 Notice and Deposit Protection

    Hi everyone

    I would really appreciate some advice on the following please: -

    I am about to issue a Section 21 Notice during the fixed 6 month tenancy period to regain possession in two much time, after which the tenancy would have expired.

    My main concern is that I have not placed the deposit in a protection scheme. I have recently used the scheme on another property, but was not aware of my obligations when I first rented this property out over 4 months ago.

    Is it too late to protect the deposit now? Will it affect my ability to gain possession using the Section 21 Notice?

    Any advice would be grately appreciated, as I'm not sure of the best course of action.

    Many thanks
    Adam

  • #2
    Originally posted by adamcornwall View Post
    Hi everyone

    I would really appreciate some advice on the following please: -

    I am about to issue a Section 21 Notice during the fixed 6 month tenancy period to regain possession in two much time, after which the tenancy would have expired.

    My main concern is that I have not placed the deposit in a protection scheme. I have recently used the scheme on another property, but was not aware of my obligations when I first rented this property out over 4 months ago.

    Is it too late to protect the deposit now? Will it affect my ability to gain possession using the Section 21 Notice?

    Any advice would be grately appreciated, as I'm not sure of the best course of action.

    Many thanks
    Adam
    You are prohibited from using s.21 unless and until you protect the deposit (in a case where deposit protection is mandatory).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Many thanks for your prompt reply. Is it ok to protect it now, or will the fact that the 14 days have now expired count against me? Many thanks

      Comment


      • #4
        Originally posted by adamcornwall View Post
        Many thanks for your prompt reply. Is it ok to protect it now, or will the fact that the 14 days have now expired count against me? Many thanks
        See many recent LZ threads on late protection. The consensus is that late protection cures the default, as long as it's before T finds out!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Should I inform tenants of late deposit protection?

          Hi everyone

          I am late protecting my tenants deposit - I intend to do this immediately, but need to regain possession when the tenancy agreement runs out, via either Section 21 or Section 8 or both. I have had helpful advice on this forum suggesting I protect the deposit immediately so as to make the Section 21 Notice valid.

          After I have protected my deposit, should I inform the tenants or will this highlight the fact I am late in providing the information?! I know this is usually required by law, but I haven't followed the requirements to date!

          Also, they are two months behind in their rent. Should I send a Section 21 simultaneously with a Section 8 to strengthen my attempt to regain possession?

          I would appreciate any advice.

          Many thanks
          Adam

          Comment


          • #6
            Yes you should supply them with the prescribed info about their deposit protection; not to do so is also classed as non-complicance and they can sue you; when you have supplied it, you can issue the section 21; you can in theory serve the section 8 now but you'd be advised to wait until you have comlied with the law on deposit protection.

            You can protect a deposit online in minutes and get the info to them within days. Just do it!
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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