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1sttimell
07-10-2011, 10:49 AM
Hi there,

I wanting to serve a section 21 on a tenant. A deposit was taken but not protected, the tenancy started on the 28/4/07 but the actual agreement was signed on the 2/4/07, so does that mean a protection schemed was not neeeded? If not then how do I proceed from here, information from the government and CA is dire and very confusing :(

Snorkerz
07-10-2011, 11:04 AM
While I am not clear whether the date of payment or the tenancy commencement date is critical, you can protect the deposit for free at www.depositprotection.com

This from the DPS site
If you choose to secure your deposits with The DPS, you can secure deposits taken before 6th April 2007 but you do not have to under the terms of the legislation. The legislation only applies to Assured Shorthold Tenancy (AST) agreements signed and deposits taken on or after 6th April 2007, and tenancies which are renewed for a further fixed term after 6th April 2007. It does not apply retrospectively.

I suspect that the rationale for the bit in italics may make your deposit protectable (as the tenancy started afte 6/4/07)

1sttimell
07-10-2011, 11:10 AM
So I might just be able to get away with it then since the agreement was signed before the 6th? It would certainly be a point for discussion at any hearing and even if it made it to a court hearing there is still time to protect the deposit and so avoid the penalty.

So the next question is how do I serve a section 21 notice without a TDS, or do I need to serve some other kind of notice?

Snorkerz
07-10-2011, 14:20 PM
Do you really want to serve a section 21 notice, wait 2+ months, fill in the court forms, require a court hearing (say 6 more weeks) and then run the risk the notice is invalid and have to start the whole process again?

If the deposit needs protecting, the s21 is invalid if it isn't at the time of service - you can't just protect it subsequently.

If you protect it now (and serve the schemes 'prescribed information') then the process should be much quicker (minimal possibility of hearing) and much more reliable.

However - in answer to your question - serve a regular section 21(4)(a) notice with an expiry date of "after 27th December 2011" (exact wording). Obtain proof of service and ensure it is served no later than 26th October.

The above dates assume the last tenancy agreement began 28/4/2007 and it was for a fixed term of x months with no expiry date specified.

1sttimell
07-10-2011, 16:21 PM
Point well made and taken on board. I have set up the TDS and served information and notice today. Should all be proper and above board with no chance of recourse.

Thanks for your help :)