Tenancy Deposits

Have you forgotten to protect the tenancy deposit?

If you want your tenant to leave, the first thing most landlords do is serve a section 21 notice.  However - horrors!  

If you haven't protected the tenancy deposit - you can't use section 21

Likewise, if you have not served the prescribed information.  What can you do?

There are a number of solutions, which depend on the precise circumstances of your case.  

Tenancy Deposit Prescribed Information

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As these regulations are becoming increasingly important (some tenants are trawling through the prescribed information form served on them looking for errors when they are served with a section 21 notice!) we set out some guidance here.

What is the Prescribed Information?

It is information which needs to be given to your tenant.  It is essential that this is done - do not ignore it considering it to be bureaucratic nonsense!

Tenancy Deposits

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>> Guidance issued in the Superstrike case

Here are links to the relevant content available on Landlord Law for Non members, standard members and +Plus members.  .

Tessa's Ten Top Tips landlords on tenancy deposits

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  1. Work out what tenancy type is concerned. Most tenancies will be assured shorthold tenancies. If so deposits must be protected under a government authorised tenancy deposit scheme within 30 days or penalties apply. Tenants can claim the return of the deposit (or the Judge can order that the deposit be protected if the tenancy is ongoing) plus a 'fine' of between one and three time the deposit sum, and you will not be able to use the section 21 procedure to evict.
Notes: 
If you have forgotten to protect your deposit, note that we have a guide on the site to help you >> here.
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