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  • Deposit Protection

    Section 21 notice and No Protected Deposit

    I inherited a tenant from a landlord that sold a property to me 2 months ago. The tenant moved into the property 2001 on a AST 6 months tenancy and after the 6 months the tenant has been on periodic tenancy.

    I have not issued new tenancy agreement to the tenant since I brought the property and I have served the tenant a section 21 notice. I am not sure if the previous landlord protected the tenant deposit. The tenancy agreement started before the deposit regulation requirements came into force.

    If I canot show that I or the prevoius landlord protected the deposit, will the court dismiss my case.

    Please Advise.

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    https://www.legislation.gov.uk/ukpga/200...ction/215A

    ....you need to read it and see if it applies to you - I think it means you're stuffed unless it was done within 90 days of the 2015 deregulation act coming into force.

    ...or you might need to return the deposit before issuing s21 again - get advice.

    https://www.legislation.gov.uk/ukpga/200...ection/215

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.

    If the deposit was received before 6 April 2007 and is held against a statutory periodic tenancy, which also began before 6 April 2007:

    • The landlord is NOT required to protect the deposit under the Housing Act 2004. BUT

    • From 26 March 2015, if the landlord wishes to gain possession of the property under section 21 Housing Act 1988, the deposit must be protected and prescribed information must be served before a valid section 21 notice may be issued.

    • No financial penalty applies for late protection.

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