Deposits and Tenancy Deposit Schemes (England) | Landlord Wants Tenant to Leave (England) | Tenant Relations and Dealing with Complaints (England)

Eviction when deposit was not protected

16 Oct 2017 | 1 comment

I have a tenant on council housing benefit for 4. The lady is causing major disruption, I have had neighbours coming to my house and pleading with me to help them out as she is causing major issues. I served section 21 notice and the housing benefit team advised I return the £1000 deposit. I have returned the deposit and now they have said section 21 cannot be served until I provide proof the deposit was protected. Please can you advise on the best course of action in order to remove the tenant?


1 Comment

  1. guildy

    Where a deposit hasn’t been protected within 30 days, in order to serve a section 21 notice, the deposit must first be returned in full (or agreed deductions).

    It therefore depends which way round you’ve done the notice and returning of deposit. If the deposit was returned after the notice was served, that notice will be invalid and you must serve a new one.

    Please see here for full details.

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