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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice.
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if a deposit has been repaid to a tenant before the end of

Resolved Question:

if a deposit has been repaid to a tenant before the end of a tenancy and the tenant is questioning how the deposit was registered, can this affect a section 21 notice
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I was a letting agent until very recently and I had the misfortune to take on tenants from hell.

The council paid a deposit which I registered with mydeposits. The tenant disputes the paperwork being received by themselves and I have mislaid the signed copy.

Because of the abuse I received from the tenant (he threw me out of the rental property), I stopped working for the landlord and transferred the deposit into the DPS so that I didn't have to deal with them directly, (not immediately).

There were issues with the property and it was agreed to pay compensation and to refund the deposit. Compensation was paid by the landlord via my bank and the DPS refunded the deposit in full.

The tenants have been issues a section 21 as the year tenancy runs out on 8th September.

The landlords have apparently received a letter from the council saying that the section 21 is invalid as the deposit wasn't registered properly (which it was) but I understood that, in any case, as the deposit has been refunded it can no longer be regarded as an issue for court proceedings or otherwise.

Please advise.

Expert:  Remus2004 replied 3 years ago.
Thanks.
It can be an issue for court proceedings I'm afraid if the deposit wasn't registered whether or not its been refunded.
However, you are perfectly free to serve a valid S21 notice if the deposit has been returned. That is the way that defaulting landlords put right their position. There is no way around potential liability for three times the sum of the deposit but you can serve a S21 notice if you have returned the deposit.
That does depend though upon the deposit having been returned at the time that the S21 notice was issued.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
The deposit was returned before the section 21 was issued. Does that make any difference?
Customer: replied 3 years ago.

The deposit was returned before the section 21 was issued. Does that make a difference

Expert:  Remus2004 replied 3 years ago.
Sorry for the delay.
If the deposit was returned before the S21 notice then the S21 notice is valid but you are still vulnerable to a claim for three times the sum.
Remus2004 and other Property Law Specialists are ready to help you