Deposits and Tenancy Deposit Schemes (England)

I havent protected the deposit and i am passed 30 days,

6 Mar 2018 | 2 comments

I haven’t protected the deposit as I am a new landlord but there are no excuses
If i am late 2 months protecting the deposit, once protected, can i serve a section 21 notice?
OR is it better returning the deposit and then starting a new tenancy again?

Please help as i don’t know which would be the better option, I do know that if it is protected late, the tenant can still sue the Landlord for late protection, but I am also concerned about Section 21 if that can be still served after late protection



  1. guildy

    This has been answer by telephone but for the benefit of others: there is no point protecting late now because a section 21 still cannot be served. The deposit should be returned in full which will allow a section 21 to be served in the future.

    It may be possible to then do a new tenancy agreement and retake the deposit and protect within the time-frame. But, this won’t prevent any potential penalty from the previous failure (only if the tenant applies for the penalty).

  2. fazalgul

    Thank you for your advice, it was so helpful, the tenant after speaking to her last night agreed that we can start all over again as there are no issues between us. Will write up a tenancy, I return the deposit and confirm this to her via EMAIL

    Once the new tenancy is in place, i will protect the deposit before 30 days

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