Deposit not secured but received Section 21

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    Deposit not secured but received Section 21

    Hi,

    Hope somone can help me. I moved into my place in June 2005, and signed a six month fixed tenancy agreement, which is now a rolling contract. The day i moved in I paid a deposit.

    My lanlord has just served me a section 21, with two months notice. However I read that he can not do this if he did not secure my deposit, however a neighbor told me he can, as this law only came into effect after the date I moved in. I am very confused, does anyone know if the se tion 21 I received is valid?

    Thank you.

    #2
    It is not. Your landlord are required to either protect your deposit or return it to you before he can issue you with a valid section 21 notice. That the deposit and associated periodic tenancy predates 2007 means there is no time limit for him to do so, but no section 21 is valid unless he does it first.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      If you want to stay longer wait until court writes to you then reply, promptly, with proof you paid deposit and that s21 is invalid. Case should be thrown out.

      But Landlord will eventually evict you so start looking for new home!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by Wendybz View Post
        however a neighbor told me he can, as this law only came into effect after the date I moved in. I am very confused, does anyone know if the se tion 21 I received is valid?
        The 2015 Deregulation Act introduced a 90 day "amnesty" to allow landlords to protect old deposits (previously your neighbour would have been right).
        When that amnesty period ended, the deposit was subject to (essentially) the same rules as other deposits - the s21 isn't valid.

        Your landlord will have to return your deposit to you in order to serve a valid notice.
        But eventually, they'll sort it out and you will have to move.
        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


          #5
          Originally posted by jpkeates View Post
          ....
          The section of the Deregulation Act you're thinking about (s32) doesn't apply to this case since the SPT predates 2007 deposit legislations.

          For this question, refer to Charalambou v Ng, as later confirmed by s31 of the Deregulation Act 2015.

          The LL can protect the deposit at any time. There is no penalty against him for failure to do so, but no section 21 is validly issued until the deposit is protected or returned.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            You're right - I misread the original post, and thought it had gone periodic after the deposit legislation was introduced.
            Thanks for the save!

            The landlord can protect as well as return the deposit to allow them to serve a valid s21 notice.
            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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