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Question

Deposits and Tenancy Deposit Schemes (England) | Landlord Wants Tenant to Leave (England)

Can I serve a Section 21 4(a) notice to my tenant his tenancy commenced July 2000 DPS sec 3 months ago

16 Aug 2017 | 5 comments

I would like to serve a Section 21 4(a) Periodic notice to our tenant. His lease commenced July 2000. Originally fixed 12 months then periodic.
I protected his deposit 3 months ago.

I have been given conflicting information regarding whether I can serve this notice or not. I am aware that I will have to the tenant 2+ months.

Can anyone advice please?

Answer

5 Comments

  1. guildy

    We have spoken on the phone since so we have a little more information.

    Where a deposit was received AND the tenancy went statutory periodic before 6 April 2007, a section 21 can be served by either protecting the deposit or returning the deposit in full before the section 21 is served. However, where the deposit is protected (as in this case), the prescribed information must also be given in relation to the deposit before the section 21 can be served. See this article for full information.

    Therefore, the first thing to do is get the prescribed information served. As you have used the DPS custodial scheme, this is all available on their website (it’s built into our tenancy agreements for any future tenancies).

    You will need:

    All these should be put together as one and the template fully completed. It must be signed by the landlord (or agent if an agent is doing it for you).

    You will need 3 copies of the above.

    One copy is for you to keep and the other two should be sent to the tenant and the tenant should be asked via a note to sign them both and return one of the signed copies back to you. We know the tenant won’t do this but the legislation requires the tenant be given the opportunity to sign the prescribed information.

    Once that’s done and sufficient time has been allowed for service (minimum four days) you are then ready to serve the section 21 for which please see here.

    • Probert

      Hello,

      Thank you for your help with this.

      I have printed off all 3 below but I note that the ‘home of the deposit protection’ is the only document that I have to sign and the tenant (although he won’t do).

      I have printed off The DPS terms and conditions and a Tenant’s guide to the Custodial Scheme also for the tenant.

      Whether or not we serve a Section 21 in the next few days I don’t yet as we are working out costs for renovating the place.

      I am presuming that I should serve these papers anyway – is that correct please?

      Kind regards, Nicola Probert

      • guildy

        Yes, now that you have protected the deposit, you should serve these papers as the deposit protection is not complete until those papers are served.

        • Probert

          is there a time frame on this or not?

          Serve the papers then I can wait……?

          Thank you,

          Nicola

  2. guildy

    You can serve a section 21 anytime. There’s no time restriction.

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