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Question

Deposits and Tenancy Deposit Schemes (England) | Tenancy Agreements (England)

s21 and 2 agreements

28 Mar 2018 | 1 comment

First agreement was with 2 tenants, one tenant left and new agreement was issued a year later with just one tenant, its the same property etc… deposit was given on first agreement and was returned to the tenant who left but cant provide evidence of this. Remaining tenant is happy to confirm in writing that the dep was returned to the other tenant who has left and not on the new agreement. The new agreements states new deposit, what would be the best way to approach this?

Answer

1 Comment

  1. guildy

    Apologies for the delay in replying.

    The key question is whether after returning the partial deposit, was the deposit unprotected entirely and then re-protected under the new tenancy? If not, we would be a bit worried because the new tenancy is brand new (due to it having different names) and not a renewal and as such safest to return in full before serving s.21 in our view.

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