No Protected Deposit and need to issue S.21??

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    No Protected Deposit and need to issue S.21??

    I rent a property with my husband where the STA is due to end in April. I need to issue a S.21 as I have now found myself in the position where I need to use the premises myself. Unfortunately I did not protect the deposit for my tenant. Should I protect it immediately so that I can then issue the S.21 to expire on the same day the Agreement ends?
    Can someone please advise the best thing to do?
    We have no qualms in giving our tenant the full deposit paid as they have been very good tenants with no problems whatsoever.

    #2
    Protect deposit asap, don't do anything until you have

    Comment


      #3
      Originally posted by Lou1974 View Post
      I rent a property with my husband where the STA is due to end in April. I need to issue a S.21 as I have now found myself in the position where I need to use the premises myself. Unfortunately I did not protect the deposit for my tenant. Should I protect it immediately so that I can then issue the S.21 to expire on the same day the Agreement ends?
      Can someone please advise the best thing to do?
      We have no qualms in giving our tenant the full deposit paid as they have been very good tenants with no problems whatsoever.
      Hello,

      When did the AST start? For how long was the contractual period. Were they tenants or lodgers? Did the annual rent exceed 25k? Or does it now exceed 100k?

      Comment


        #4
        Hi
        The AST started on 26th April 2009 for a two year period. They were tenants, rent does not exceed 25K !
        Thanks Lou1974

        Comment


          #5
          Originally posted by Lou1974 View Post
          Hi
          The AST started on 26th April 2009 for a two year period. They were tenants, rent does not exceed 25K !
          Thanks Lou1974
          That means that the deposit should have been registered. If you choose to register it, you must do so before the tenancy ends (ie. before April) - and i believe of the 3 companies, the Deposit Protection Service is the only one to accept late registrations. Please note that although I say 'choose', this is actually a legal obligation... (although if the tenants don't come after you, you might decide to run the risk of not registering it and then just returning the deposit to the tenants should the end of tenancy run smoothly!)

          All things considered, I would say register it with the DPS, at least that way, you have a good chance of not being fined 3x deposit amount should your tenants become savvy + malicious and decide to take you to court over this issue. This won't guarantee that you won't be fined as it will be a Court decision whether to fine a landlord protecting a deposit late, but other posters on this forum have suggested that late protection of a deposit is looked upon favourably by the courts when deciding whether to fine or not.

          And of course, once you have registered the deposit, you may serve your notice - can't remember how long you need to leave it between registration and serving notice however - i seem to remember there being no delay between the two but i could be mistaken.

          Best of luck.

          Comment


            #6
            Thank you for your help !

            Comment


              #7
              Just protecting the deposit is not in itself enough to make your s21 notice valid. You must also serve on T the required information, that the deposit is protected etc.

              pm
              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

              Comment


                #8
                I have now protected the deposit as of today's date. I now realise I have to submit required info to my T. Should I date this today's date?? or the date the tenancy agreement started, as I should have done this within 14 days after her moving in??

                Comment


                  #9
                  Originally posted by Lou1974 View Post
                  I have now protected the deposit as of today's date. I now realise I have to submit required info to my T. Should I date this today's date?? or the date the tenancy agreement started, as I should have done this within 14 days after her moving in??
                  You date it on the date you signed/sent it.

                  I don't really understand how you can say that you have no qualms giving the deposit back, when they haven't vacated the property yet.
                  You could have simply got them to agree to use the deposit as rent if that was the case.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Thanks for the info.

                    I just meant as it stands at the moment the T. hasn't done anything to make me think I won't give the deposit back. Of course I won't really know till they vacate!

                    If my agreement runs out and I haven't issued the S.21 in time to give her two months notice. What should I do??

                    Comment


                      #11
                      Originally posted by Nimbus2000 View Post
                      All things considered, I would say register it with the DPS, at least that way, you have a good chance of not being fined 3x deposit amount should your tenants become savvy + malicious and decide to take you to court over this issue. This won't guarantee that you won't be fined as it will be a Court decision whether to fine a landlord protecting a deposit late...
                      Wrong. There is no sanction for late protection, if done during the tenancy. There were two binding judgments last year which established this. See following links:

                      http://nearlylegal.co.uk/blog/2010/1...n-eviscerated/
                      http://nearlylegal.co.uk/blog/2010/0...he-high-court/

                      Comment


                        #12
                        Originally posted by Lou1974 View Post
                        I have now protected the deposit as of today's date. I now realise I have to submit required info to my T. Should I date this today's date?? or the date the tenancy agreement started, as I should have done this within 14 days after her moving in??
                        Today's date. Keep a copy for your records, and send two copies to T, from two separate post offices, obtaining a free certificate of posting from each.

                        Originally posted by Lou1974 View Post
                        If my agreement runs out and I haven't issued the S.21 in time to give her two months notice. What should I do??
                        If you served the s.21 during the fixed term, but with less than two months till the last day of the fixed term, the notice would simply expire later than the last day of the fixed term.

                        Note that when the fixed term expires, if the T remains in occupation, a statutory periodic tenancy will automatically arise (unless you sign a new contract). Same terms as the expired contract, except for any provisions relating to notice.

                        Comment


                          #13
                          Blimey this is all confusing !!!!

                          Basically I have now done the deposit protection and am waiting for it to appear as cleared. The fixed term ends on 25th April 2011 so I need to give notice on the 25th February 2011. I'm not sure if I am going to move into the premises myself yet (due to me and my hubby seperating!!) so am worried that I will not be able to serve a S.21 in time for the Friday (being 25th).

                          If the fixed term ends and the contract renews as a periodic agreement, will I then have to give two months notice which would end two months after the notice? even though it is into the periodic agreement?

                          Comment


                            #14
                            Do not panic!
                            You can serve under s.21(1)(b) on any day during the fixed term, once deposit is protected and prescribed information is given to T. You've until 24 April. Such Notice is still just two months', after which you can begin possession proceedings, and this is so even if the two months' period protrudes beyond term expiry (into the SPT).
                            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


                              #15
                              Does my T. have to sign the Prescribed info? or do I just send them a copy in the post?

                              Comment

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