Question

Landlord Wants Tenant to Leave (England) | Tenancy Agreements (England)

Section 21 and latest agreement and new rules

7 Nov 2016 | 1 comment

1st TA sept 2014 and deposit was protected under name of the tenant at that time
2nd TA signed by same tenant
3rd was after Oct 2015 and the main tenant asked that the new agreement should be in wife’s name and that his name is longer on it

Now, no EPC or gas safety nor PI was served on this last TA and the deposit is still in the name of the guy on first and 2nd TA.

What is the position re notice and possession moving forward

Answer

1 Comment

  1. guildy

    A renewal (where deposit doesn’t matter so much) is briefly defined as a new term with same tenant, landlord and property.

    However, here we don’t meet the same tenant test. As a result, this is a new tenancy and in our view, I think the deposit should have been unprotected and then reprotected in the new name. And, new prescribed information issued.

    There is an argument that no deposit has been received for this new tenancy but if a deposit tenancy agreement has been used, I think it could be implied that in fact it was the intention to move the existing deposit into the new name. Superstrike is authority that no money actually needs to change hands in order for a deposit to be received for the purpose of the legislation.

    There are lots of arguments here which could go your way or not and in our view it’s going to be easier to get rid of all the arguments in one swoop by returning the deposit in full before serving a section 21.

    We would therefore do the following in order:

    1. return deposit in full
    2. issue EPC, gas safety and how to rent guide
    3. issue section 21

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