section 48 format

[ntray]

Hi there,

I have been renting out a property, and issed a section 21 and realised that the deposit has been protected as a Peridioc tennecy for the last year, when it should have been protected for a AST tennecy for the term. However the AST has expiredfew months ago and back on a periodic when I issued the current section 21.

If I need to go to court will my section 21 get thrown out? Any suggustions what I should do pre court.

Thank you in advance for your comments and appreciate any advice

[jpkeates]

What do you mean by the deposit has been protected as a periodic tenancy?
Do you mean you made a mistake in entering the term when you protected it?

[ntray]

So when the AST expiired early last year in Feb 2015 , it became perodic for a number of months and I notified and updated the Deposit Scheme that it was periodic, This was before the tennent signed a AST in auguest which expired in feb 2016, so its back on periodic, but i did not update the protection for the duration of the AST. Now I have issued a section 21, concerened about the validity of it


Sorry if its a little confusing !!!

[jpkeates]

Is the protection insured or custodial and did you serve PI initially?

[ntray]

Its the insurance version, i did give the tennents the deposite certificate last year and it states periodic

[mariner]

IMO insured schemes should protect deposit, whether AST or SPT, provided current ann Ins Premium has been paid.
Subsequent signing of new AST would indicate a new T, requiring new deposit protection & provision of reqd documentation.

[ntray]

mariner,

Thanks, Would the best course of action be to try and reprotect the deposit, then reissue the section 21? I know this will add two months to the process...

[mariner]

Why not ask Scheme Provider if Deposit is still protected for same T, albeit for new 6 month AST, which became SPT in Feb 16?
If Scheme Provider says Yes and new PI not required, ask for their statement in writing (email)
We are not the Judges who decide if s21 is valid

[ntray]

section 48 format

Hi
Have a quick question s there a particuar details/wordings on a section 48, or is it just my name and address details and the tennants names. Can I serve the section 48 and section 21 at the same time or does the section 48 have to be before the section 21?? Thanks

[jpkeates]

There's no particular format for a s48 notice (although its possible to buy templates which make sure everything is pukka).

Personally I'd do the s48 before the s21, just in case you get a pernickety judge/tenant.

[Moderator2]

Two related threads have been merged.