Returning deposit & S8 / S21 questions

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    This may be helpful for the Localism point regarding S21:

    Deposit protected and prescribed information given on day 45 (so 15 days late)
    Even though the deposit has been protected, because it was late a section 21 notice may still not be served without more. In order to serve a section 21, the deposit must be:
    Repaid in full to the tenant or,
    Repaid with such deductions as are agreed between the landlord and tenant (so offsetting against rent for example would need the tenant’s “agreement” first) or,
    An application by the tenant has been made under section 214(1) (penalty provisions discussed above) and that application has been determined by the court, withdrawn or settled by agreement between the parties.


      Thanks all for opening my eyes! I agree I need to find a better solicitor. BTW, my tenancy agreement was signed in September 2011. was the deal different with deposit protection then?


        The basic requirement of deposit protection has been in place since 2007. There has been changes and refinements to it since, but it would still apply to you in 2011.
        Any advice I give is my opinion and experience, I am as you also learning.


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