Eviction of tenant and tenancy deposit scheme

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    Eviction of tenant and tenancy deposit scheme

    I let my house on an AST in 2006 at which time I did not have to protect the deposit. I renewed the tenancy in April 2008 and still thought I did not have to protect the deposit since no extra money changed hands. However now, my tenant is 3 months behind with the rent and still not paying and I want to evict her. I serviced a Section 21 notice (because I heard it was the most straightforward and reliable method) but have been told that because the deposit is not protected I cannot use it. I was advised to protect her deposit now and then reissue the Section 21 but I have just served her the Prescribed Information Form (for the DPS) and do not think she intends to agree to it. What can I do if she does not agree? Can I still protect the deposit and use section 21 or should I try for a Section 8 without a protected deposit which I think would mean that she could sue for 3 times the amount of the deposit (ie almost all of her arrears) - thus making my claim invalid?

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