deposit return and section 21

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  • deposit return and section 21

    Hi,

    I have a section 21 issued on a couple who are separating. One has given notice to end at the fixed term of an AST 31 of April. Mrs T is opted for a council house hence sec21 to run out 31 May. I have aprotected deposit in MR T name only. For the sec 21 to be valid on the 31 May when Mr T has gone, do I somehow need to get it into Mrs T name, after all Mr T has played by the rules so Im not evicting him after the 1st May, I will be evicting Mrs T only.

  • #2
    Originally posted by Mark1564 View Post
    Hi,

    I have a section 21 issued on a couple who are separating. One has given notice to end at the fixed term of an AST 31 of April. Mrs T is opted for a council house hence sec21 to run out 31 May. I have aprotected deposit in MR T name only. For the sec 21 to be valid on the 31 May when Mr T has gone, do I somehow need to get it into Mrs T name, after all Mr T has played by the rules so Im not evicting him after the 1st May, I will be evicting Mrs T only.
    Presuming the tenancy is in Joint Names, then the responsibility will be joint & several - ie Mr T is responsible for the actions/debts of Mrs T and vice-versa.

    The deposit is registered in only one name, but that is associated with the AST - which has 2 names.

    There is no reason at all why you can't return the deposit to Mr T whan you want - but by doing so you are denying yourself access to the funds currently held by DPS once this saga is over.

    Until the tenancy is over (ie both have left) there is no obligation upon you to do anything with the deposit.

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    • #3
      Hi Snorkez,

      The deposit is registered in one name who is on the AST, however now that Mr T (deposit holder has given me one months notice) he will be gone and therefore not part of the AST after the end of the fixed term even though his name remains on it. I just need to be sure so that when I go for a posession order my paper work is straight.

      Comment


      • #4
        Originally posted by Mark1564 View Post
        The deposit is registered in one name who is on the AST
        Just to be clear, are you saying that the only name on your ast is that of Mr T?

        If that is correct, I think that information should have been given in your earlier threads, because it changes the advice that you have been given.

        Comment


        • #5
          Originally posted by Mrs Mug View Post
          Just to be clear, are you saying that the only name on your ast is that of Mr T?

          If that is correct, I think that information should have been given in your earlier threads, because it changes the advice that you have been given.
          I agree with Mrs Mug, that would change your situation dramatically.

          Comment


          • #6
            I think Ive confused you. It does say at the initial post of this thread that Mr T is the only one with his name on the protected deposit both Mr and mrs T names are on the AST, however Mr T has given notice to the end of the fixed term. Mrs T has not and therefore the only person I need to evict as Mr T will be gone.

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            • #7
              In that case, Mr T gives notice on behalf of both (that's automatic) and if they don't both go, then the tenancy hasn't ended and the deposit does not NEED to be returned. As I said earlier - you can - but you would be giving away the opportunity to easily recover some of your costs etc.

              Comment


              • #8
                Originally posted by Mark1564 View Post
                Hi Snorkez,

                The deposit is registered in one name who is on the AST, however now that Mr T (deposit holder has given me one months notice) he will be gone and therefore not part of the AST after the end of the fixed term even though his name remains on it. I just need to be sure so that when I go for a posession order my paper work is straight.
                He will remain part of the statutory periodic tenancy (and be jointly & severally liable) until either the tenancy ends or both tenants assign the tenancy just to Mrs T - this could not be done without your authorisation, which you would be well advised to withold.

                Comment

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