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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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My tenant paid £200 deposit in March 1999. IS IT PROTECTED

Resolved Question:

My tenant paid £200 deposit in March 1999. IS IT PROTECTED ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 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 2 years ago.

WE ARE CURRENTLY APPLYING FOR A POSSION ORDER FOR AN INITIAL 6 MONTHS ASSURED SHORT HOLD AGREEMENT SIGNED ON MAY 31 1999,THE TENANT PAID A £200 DEPOSIT AND HAS BEEN IN OCCUPATION EVER SINCE, THE COURT ARE ASKING US TO PROVE THIS DEPOSIT WAS PROTECTED

Is it protected ???

Expert:  Remus2004 replied 2 years ago.
Did you protect it?
Customer: replied 2 years ago.

No, the deposit was taken before April 6th 2007 however it is part of the balance of an account designated and used for all rental transactions.

Expert:  Remus2004 replied 2 years ago.
Yes, but the AST has been renewed post 2007 and so the deposit should have been protected.
If you did not then you are in difficulty I'm afraid.
The only way to resolve that is to return the deposit in full to the tenants and then serve a fresh S21 notice giving them a further two months notice. I'm afraid your current S21 is not valid.
I'm very sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
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