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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I gave my tenants 2 months notice in writing but hadn't secured

Resolved Question:

I gave my tenants 2 months notice in writing but hadn't secured their deposit. If i give them their money back do i have to give them a further 2 months notice
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.
I am sorry but you do.
If you didn't secure their deposit and this is an AST then any S21 notice you have served is invalid.
If they refuse to go then your only option actually is to secure the deposit and then serve notice upon them to make this a valid S21 notice.
Of course, they may go anyway as realistically you will get them out in the end and most tenants do not wait for court action.
The case law is fairly clear on the point I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you