Is my S21 valid?

[jta]

I think you can check with all 3 deposit protection companies if there actually is a deposit registered for that address. If there is one then that lets you off the hook on that point.

[aemson]

So basicly I have to give her another 2 months notice also return her deposit, do you know any companys who can do this work for me as I don't wan't to get it wrong again?

[thesaint]

It's not that hard, if you can follow basic instructions, you can do it yourself.

First try and see if the tenant wants to use the deposit as rent.
If they do, get it in writing and signed by the tenant that the deposit is being used for this purpose.
If they say no, then you need to return it, again you need this in writing.

Ask the tenant to make a copy of the tenancy agreement, and pick it up yourself, or get a friend nearby to do so. If you have this, serving the Sec 21 is a bit easier.

If you can't get it, all is not lost, you just have to serve a Sec 21 with a "saving clause" in it.
If it looks like getting the tenancy agreement will take more than two weeks to obtain, just serve the one with the saving clause.

[jjlandlord]

First try and see if the tenant wants to use the deposit as rent.
If they do, get it in writing and signed by the tenant that the deposit is being used for this purpose.

Should we start again?
I still don't understand why the tenant should agree to the tenancy deposit being used for what it is supposed to be used...

[LesleyAnne]

I also doubt that tenant will be obliging and provide a copy of the TA, if they know LL is only going to use it to evict them. I wouldn't ...

Have you taken the advice above and checked all 3 deposit schemes to see if the deposit is indeed registered with one of them. There is always a chance it is there, and this can save you considerable hassle and time.

The most likely one for a DIY/Private landlord to use is the Deposit Protection Service. Then there is the Tenant Dispute Service and mydeposits.com. I believe you can search each site under the property address to see if any record of a deposit there.

[thesaint]

Should we start again?
I still don't understand why the tenant should agree to the tenancy deposit being used for what it is supposed to be used...

So, it is your belief that the landlord could issue a Sec 21 with an unprotected deposit as long as the rent owed is more than the deposit?

Care to provide the Section of any of the housing acts that covers this, or are you simply going to say "You should know"?

[LesleyAnne]

I would say "rent owed" and "issuing an S21" are totally unrelated issues, and as we all know, a court will throw out a S21 possession claim if there is no deposit protection.

LL can issue an S8 for rent arrears without any Deposit protection complications.

[jjlandlord]

OK, I see where thesaint is coming from in this specific case:
If deposit is not protected, landlord must return in to tenant or keep it with agreement of tenant before a valid s.21 notice can be issued.

[Snorkerz]

The lack of a tenancy agreement is not critical, although it will delay the eviction process by approx 6 weeks.
You can check if there is a protected deposit here: http://england.shelter.org.uk/get_ad...eposit_schemes as LesleyAnne sas, if there is a deposit, you are responsible for it.

If there is a protected deposit, it does not mean you are in the clear because there is a need to issue specific information to the tenant about the deposit and you (presumably) have no proof that this was done. On this ground alone I would be inclined to distrust the reliability of the current s21.

However, lets assume the deposit has been correctly dealt with, the way you describe the expiry date of the s21 strongly suggests to me that the expiry date will be wrong (well a 29 in 30 chance!). If you do not have the tenancy agreement you can not know the end date of a tenancy period and a notice must expire on that date.

So, for s21, I suspect you need to start again.

• check deposit protection
• if protected - serve 'prescribed information
• if not protected - refund in full or follow thesaints advice
• serve new section 21 notice

You mention that you have also served a section 8 notice. That isn't theoretically affected by deposit regulations but unless the tenant owes at least 2 months rent then your chances of success are limited.

---

The advice I give on this forum is for general information only. You are advised to seek specialist advice. I can provide such help on many tenancy matters including eviction, call 0800 270 7747 for details

[aemson]

okay i have spoken to the tenant she has agreed to have the deposit as rent and we are going get the a copy of the tenance agreement friday we need to put this in writing how should this be worded ? if any one has a template would be great thanks Anthony