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Question

Deposits and Tenancy Deposit Schemes (England)

Returning the deposit.

7 Mar 2018 | 1 comment

First AST agreement was signed four and half years ago when tenants moved in. I did not protect deposit. Last AST agreement was signed in May 2015 for 6 months, so from then tenants are on periodic tenancy. I was giving tenants gas safety certificate every year, but did not give EPC and “How to rent guide”. I served S21 in the middle of December with possession date of end of February. Tenants did not paid rent for January. When I try to contact them they did not respond. I asked them to signed agreement to make deduction of deposit for unpaid rent, but I do not have respond from them. They ignored S21 and did not move out at the end of February, but paid rent for one month, so they are in arrears of one month rent at the moment. I want to serve new S21, but first I need to return deposit. I prefer to sent them a cheque, but what is the best way to do that? Is it better to put through letter box myself or send by post. Do I need to send EPC, “how to rent guide” or anything else? Can I serve S21 few days after sending a cheque?

Answer

1 Comment

  1. guildy

    For returning the deposit, please see this article which has all the details about how to return including delivery.

    Because you’re starting again with the section 21, you may as well first serve the how to rent guide, EPC and gas safety (even though they’ve had the gas safety).

    However, because the last renewal was before October 2015, the rules about EPC, gas safety and guide do not apply. That being said, the court form used for applying for possession specifically asks when they were given. It’s easier to be able to put something in the boxes rather than worrying about the fact they’re not needed in this case.

    From October 2018, the EPC and gas safety will be needed including for all existing tenancies.

    Keep a copy of everything you send so you can show what was done.

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