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Question

Prescribed Information (England)

Section 21 prescribed information question

15 Jan 2018 | 1 comment

Hi, I have a question about the deposit prescribed information . . . . my deposit was protected within the 30 days and my estate agent says they gave them the prescribed information within the 30 days too but what if the tenant gets a hotshot lawyer who denies that the prescribed information was either provided or claims it was not provided properly and then the section 21 is thrown out . . . my question is: if I had returned the deposit to the tenant before the end of the tenancy (before the accelerated possession order is applied for) and tick the box on the n5b that the deposit has been returned, would it stop him getting the section 21 thrown out for this reason?

Answer

1 Comment

  1. guildy

    No, that wouldn’t help because if you were going to return the deposit (to play it safe) it would need to have been done before serving the section 21 notice.

    Your agent should have a signed copy of the prescribed information so that it can be proven what’s been given should it be raised by the tenant.

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