Can tenant go to court during continuation of tenancy for deposit protection

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    #16
    That presentation says that it is possible to serve an s21 notice even if the deposit was protected late.

    It would also prevent the service of a valid section 21 notice until the prescribed information has been served and the deposit either returned or protected.
    Any landlord who has not registered a deposit or who is in breach of the rules of a scheme is unable to give a tenant a valid notice under section 21 of the*Housing Act*1988. They must return the deposit and/or comply with the requirements before doing so.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      agree with jpkeates, the presentation linked to is unclear.

      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


        #18
        The Act says otherwise:

        215 Sanctions for non-compliance

        (1) If a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when
        (a) the deposit is not being held in accordance with an authorised scheme, or
        (b) section 213(3) has not been complied with in relation to the deposit.
        213Requirements relating to tenancy deposits

        (3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 30 days beginning with the date on which it is received.
        So if deposit protected late then no valid s.21 notice can be served.

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          #19
          That does confirm what I understood, but there is so much contradictory "evidence" (like that presentation)
          probably dating from pre localism act changes it's nice to be sure.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment

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