How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

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?

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

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

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

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

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?


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

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?

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


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

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?

On the renewal deposit scheme, one question says:


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

Alex Watts : Then you tick yes

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?

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

Alex Watts : Yes that is right

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

Alex Watts : Only if he asks

Brilliant ! Thanks a million. you have been fab

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

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

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

Alex Watts : correct

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

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

i will do

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice