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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I forgot to insure one of the many tenancy deposits , this

Resolved Question:

I forgot to insure one of the many tenancy deposits , this one I forgot to insure is now wanting 3 x amount, I can insure it late? will fee still reply
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can protect it late and you should do so to reduce the culpability. However, the claim can still be brought against you for three times the sum of the deposit under the Localism Act. That does not mean they would get three times the sum. It is an award up to three times the sum. The sooner you protect it the less likely you are to be penalised.
However, you need to return the deposit before you can serve a S21 notice. You cannot just legitimise your position by protecting it now.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Are you confirming in all cases you need to return deposits in full before serving S21? I have never returned a deposit whilst tenant in occupation. What if they owe lots of arrears and the property is ruined? How could you return the deposit?

Expert:  Jo C. replied 2 years ago.
If you don't return the deposit the S21 notice is invalid.
Customer: replied 2 years ago.

If Insure the deposit should Insure it in both names on the tenancy agreement. As not both parties paid the deposit it was just one of the tenants - I am unsure jjust to insure her name as she paid in full or both tenants that are on the agreement

Expert:  Jo C. replied 2 years ago.
It should normally be in the name of the person or persons who paid you.
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