Our tenant has lived in the property since 2001, and although there have been numerous subsequent ASTAs, it is currently a periodic agreement. We have only recently become aware of the Tenancy Deposit Scheme, today in fact while searching for information on Notices to Quit. We want to sell the property and would like to know what we should do with regard to the deposit. Although our relationship with the tenant has always been good, this might change when we give Notice to Quit, so we want everything to be in order. Any information on how we should proceed will be much appreciated.
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Is your property in England or Wales?Originally posted by jerry@brightonbased.co.uk View Post
Is the rent less than £2083 pcm?
When did you last renew the tenancy agreement? -
Thanks. England, less, last agreement ended June 2009.Comment
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You should have protected the deposit. So protect it now.Originally posted by jerry@brightonbased.co.uk View PostComment
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I realise that but that wasn't exactly the question, was it? Thanks anyway.Comment
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You cannot serve a S.21 notice that you require possession (presumably you want the tenant out in two months or so) without protecting the deposit.Comment
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Yes I understand that. What I'd like to know, for instance, is whether registering the deposit and informing the tenant either affects the agreement or the timing of serving of the notice, or anything else legally. ThanksComment
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Until the deposit is protected you cannot serve a valid notice. As long as you have protected the deposit, you can serve a Section 21(4)a notice giving the tenant 2 months notice that you require possession of the property.
It can be served at any time but the notice must be at least two months ending the day before a rent day.
Read up on it here.
As far as I know, protecting the deposit now will not have any negative consequences. Not protecting it is far worse for you, a valid notice cannot be served and you may be liable for the 3x penalty.Comment
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Thanks for that.Comment
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