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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Deposit return issue

25 Feb 2021 | 1 comment

Depots was paid by the council on behalf of the tenants as a bond, it wasn’t protected and want to serve s21, doed the depoiust need retuning to the council? as they said they wont accept it

Answer

1 Comment

  1. guildy

    This depends on how it was paid. Was it physical money? Or, it might have been more like a guarantee agreement where they will pay upon a claim being made? If it was money paid over, then it will need to be repaid before section 21 can be served. If it was just a guarantee, there’s no money so no protection needed.

    The legislation specifically says that it must be returned to the “tenant”. There is no provision for relevant person if they had paid it (our highlights):

    Section 215
    (2A) Subsections (1) and (2) do not apply in a case where—
    (a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or
    (b) …

    Please see here for more detail.

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