Tenant not notified of Deposit protection but protected, Ok?

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    Tenant not notified of Deposit protection but protected, Ok?

    Tenancy commenced 1/4/10 deposit registred 1/9/10 tenant not notified, can Landlord now 11/3/11 just serve s.21 or needs to first show proof of protection first?

    #2
    How do you know the T wasn't notified ?

    DPS send email (if addy given) or send certificate to property address when a deposit is protected with them. You may also need to prove that you provided T with the prescribed information too before S21. Send 2 copies from different post offices obtaining the free proof of posting and keep them safe with a 3rd copy.
    I'm a good tenant with great landlords
    I'm also a living, breathing, fully cooked female.

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      #3
      So does the landlord have to provide proof he put the dep into a scheme or what he did with it before an S21 could be served ?
      Our landlord hasnt paid into a scheme and has even told us he has just kept hold of it.

      Comment


        #4
        Then the s21 is invalid - he can not serve a valid s21 until the deposit is protected.

        1) Landlord will eventually get it right, so eviction is on the cards eventually
        2) If you want to prolong your stay in this property, do not advise LL of problem. Once court papers arrive, you can respond to them with the fact that the s21 was not valid. The LL will than have to commence the whole process again - probably adding 3 months on to your tenancy.

        http://tenancyanswers.ucoz.com/index..._protected/0-4

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          #5
          Originally posted by tenant1980 View Post
          So does the landlord have to provide proof he put the dep into a scheme or what he did with it before an S21 could be served ?
          Our landlord hasnt paid into a scheme and has even told us he has just kept hold of it.
          It's not that LLs have to prove it before they can serve it. Should LL require to go to court to get a PO it is then that LLs need to prove that they protected it and served T with prescribed information before they served the S21.

          Hope that makes sense.
          Last edited by Brb; 10-03-2011, 15:39 PM. Reason: Got in a confuddle with my Ts and LLs
          I'm a good tenant with great landlords
          I'm also a living, breathing, fully cooked female.

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            #6
            For a S21 notice to be valid the landlord must ensure that any deposit is protected, and that the prescribed information is served on T.

            If LL serves a S21 without doing the steps above the notice will be invalid and a court will not award a possession order.

            Also note the S21 notice itself will need to have the correct information within it, and be properly served.
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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              #7
              Also don't forget you are entitled to claim 3x the deposit as compensation if you so wish through the courts, providing L doesn't register the deposit in the meantime..
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                #8
                The dates must be correct; that's the most common area of error, where L has protected deposit and notified T.
                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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                  #9
                  Originally posted by tenant1980 View Post
                  So does the landlord have to provide proof he put the dep into a scheme or what he did with it before an S21 could be served ?
                  Our landlord hasnt paid into a scheme and has even told us he has just kept hold of it.
                  L can legally hang on to the deposit as long as they insure it using an appropriate scheme e.g. though MyDeposits or TDS.
                  Assume I know nothing.

                  Comment


                    #10
                    Originally posted by Brixtonia View Post
                    L can legally hang on to the deposit as long as they insure it using an appropriate scheme e.g. though MyDeposits or TDS.
                    It may be worth you following the link in post #4 to find out if the deposit is protected/registered with any of the schemes.

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