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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We had a very good relationship with our tenant (he has sent

Resolved Question:

We had a very good relationship with our tenant (he has sent us texts to suggest this)After the tenancy period expired (In October 2014) - we agreed to let him stay month by month as we were not sure of the situation either way. Recently, we advised him that he would need to vacate in 2 months. He has become difficult. Firstly he asked the estate agent to issue a section 21 order - not sure what this is as we only had a month by month contract.
Secondly, he asked about the deposit scheme. His deposit scheme expired in Feb 2014 mainly because we were intending to re furbish. I have two questions:
a) if I renew the deposit scheme now (as he wants a copy) is it ok to backdate from Feb 14 to Oct 14?
b) If i renew it after that date, is this not then regarded as a fixed contract
c) the scheme allows me to back date but it is asking if this is in response to a section 21 request? Although he sneakily asked for this, we only had a month by month arrangement.
What is the best way forward?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : you can't renew the deposit retrospectively. It will be valid from the date the scheme, has it.
Alex Watts : Once it is in the scheme them and only then can you issue a section 21 notice
Alex Watts : If you issue a section 21 notice before it is protected that notice is NOT valid.
Alex Watts : to be clear before you take any step to evict the deposit must be protected
Alex Watts : If you protect the deposit it is not considered a new contract
Alex Watts : The tenant is still on a periodic tenancy (monthly rolling contract)
Alex Watts : if you have not issued a section 21 notice as yet then you can backdate it.
Alex Watts : That is because it is not in response to a section 21
Alex Watts : there is no section 21 notice yet.
Alex Watts : So protect and then issue the notice.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

the section 21 notice was not to evict? He simply asked for it? Have we been tricked? Shall i ask the agent if they have issued it? the official tenancy finished in October 2014. We did not renew this - we simply agreed to let him stay. So if we renew the deposit scheme can we simply issue another section 21 notice or - is this really necessary if you have no contract?

Alex Watts : If they have not issued if then you are ok.
Alex Watts : But you need to serve a section 21 in order to seek possession at all
Alex Watts : He has a monthly periodic tenant so he needs a section 21 notice and is entitled to this if you want him to leave
Customer:

Is this the case even if it a month by month arrangement?

Alex Watts : you can't end a tenancy as landlord without this.
Alex Watts : Yes this is the case on a month by month
Alex Watts : It's a periodic tenancy the tenant has
Alex Watts : monthly rolling contract
Customer:

if they have issued it, can we still backdate the deposit protection?

Alex Watts : You can fry.
Alex Watts : tey
Alex Watts : try
Alex Watts : But you will need to re issue the section 21 notice if they have
Alex Watts : the old one won't be valid
Customer:

what is the actual implication? will it just take longer for them to move?

Alex Watts : Yes and potentially they can sue you for x3 the deposit. The law requires you to protect within 30 days
Customer:

Also - should i be renewing the protection until April 15 when the official tenancy ended in oCTOBER 15? There is a line in there which says are you renewing late because you are issuing a section 21 notice?

Customer:

sorry it ended in october 14

Alex Watts : the tenant is on a periodic tenant so yes you need to renew it back to October if you can
Alex Watts : You are renewing late
Alex Watts : if a section 21 has been issued you can tick no
Alex Watts : not been issued
Alex Watts : otherwise you tick yes
Alex Watts : in short you must protect the deposit to serve a section 21 notice
Customer:

yes but shall i renew all the way from when it expired to now? or only until october 14 when the AST officially finished.

Alex Watts : you can not take any step to take possession unless the deposit is protected
Alex Watts : Does that clarify?
Customer:

also should i be ticking that i am renewing late because i want to issue a section 21 notice because actually i just forgot

Customer:

My only concern is that it does say that if you protect with a deposit you are saying that he has a contract - which he does not

Alex Watts : Whether you forgot is not an excuse. The law requires you to protect within 30 days
Alex Watts : He does have a contract
Alex Watts : He has a monthly rolling contract
Alex Watts : by law you are required to protect it.
Alex Watts : No matter who you
Alex Watts : No matter how to try and paint it, the deposit MUST MUST MUsT be protected
Customer:

i see - so i should renew and say "yes" to the reason being i am issuing a section 21 notice or shall i just say "no"

Alex Watts : What is the exact question asked?
Customer:

On the renewal deposit scheme, one question says:

Customer:

"are you backdating this protection because you would like to issue a section 8 /section 21 notice"

Alex Watts : Then you tick yes
Customer:

ok - Finally - will he know that i have just renewed it. shall i just admit this to him?

Alex Watts : Do not admit that.
Alex Watts : But protect the deposit then issue the section 21
Alex Watts : Does that help?
Customer:

ok - but he is asking for a copy so will he know that i have just renewed today?

Alex Watts : Yes that is right
Customer:

So if he asks i will need to admit it. is that correct?

Alex Watts : Only if he asks
Customer:

Brilliant ! Thanks a million. you have been fab

Alex Watts : can I clariify amything else for you today?
Customer:

One slight concern - he is also raising the issue of not having a TV licence when we said we would pay for utility bills? Can i sinmply purchase one for him now?

Alex Watts : well I don't think that's an issue really
Alex Watts : but yes you can get one now
Customer:

so it would not really be a problem either way? best to buy to keep him quiet?

Alex Watts : correct
Customer:

And finally - if i renew the deposit protection until October 2015 - this does not imply a new tenancy contract does it?

Alex Watts : no it does not
Customer:

thank you very much - thats it

Alex Watts : great, if I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Customer:

i will do

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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