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Deposits and Tenancy Deposit Schemes (England) | Landlord Wants Tenant to Leave (England)

Security not in deposit scheme-s21 notice

12 Jun 2017 | 1 comment

Hi
I am trying to evict a tenant who was given s21 notice 6 months ago.my mistake that i had never secured his deposit.however,i refunded his deposit in full via online payment “a day before serving him s21 notice”.i also got him to sign a letter acknowledging receipt of the refund on the day. Therefote is my s21 notice still valid?it gave the tenant just over two months to vacate the property. I understand that a 3 x deposit fine could be imposed.but i just want to know if the notice is still valid.
Thanks

Answer

1 Comment

  1. guildy

    Although tighter than we would like between returning and serving, from what you describe the deposit part sounds fine.

    Whether the section 21 is valid depends on when the tenancy was granted / last renewed. If it was on or after 1 October 2015, the notice dies 6 months after it was served so you will need to look at the precise dates. If the last tenancy was before October 2015, it doesn’t expire at the moment and so will continue to be enforceable. If it was after October 2015 you should have served the new form 6a.

    Please see this article for full details.

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