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Question

Deposits and Tenancy Deposit Schemes (England)

Help with deposit query

15 May 2017 | 3 comments

Originally rented out my property in OCT 2010 using an agent, I left the agency in April 2015 and continued the tenancy with the same tenant in situ since the beginning – the deposit was originally registered and prescribed info given on sign up with the agents. When we left the agency the deposit monies was sent to me but I didn’t register as a deposit until April 2016 (completely my fault – didn’t know the rules and didn’t research properly) The deposit is protected now but my Question is can I serve section 21 on the basis that the deposit was registered correctly in the first instance or have I made things difficult by not registering when it was transferred to me? any help greatly appreciated!

Answer

3 Comments

  1. guildy

    Although this article refers to a deposit which has been unprotected by a scheme at the end of the fixed term, we see you no reason why the exact same rules wouldn’t apply to your situation. In our view, you will need to return the deposit in full before serving a section 21 notice. The linked article explains in detail why we are of that view.

  2. ecg2017

    Thank you for your reply and the article link. Sorry for the further question but could anyone confirm when I request a repayment of the deposit from the protection scheme do they send the funds back to me or direct to the tenant?

    • guildy

      Apologies, I missed your question.

      When you make a request (which I assume is with the DPS from your question), it will all depend on what you say when making the request. You can ask for it to go to either party or a split. The tenant will be sent a notification whereby they will be asked to agree your proposal.

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