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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32885
Experience:  Over 20 years experience
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I am a landlord and have a tenant that lives in a rental property

Customer Question

i am a landlord and have a tenant that lives in a rental property on a six months fixed term.
The issue i made was to register the deposit late(two months after the tenant moved in).
My question is, if i were to renew the tenancy again would that give me back my s21 privileges...?
...if not, what are my options to get the tenancy back in order.
thank you
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Thank you for your question - it remains a grey area in law. The argument benighted the second tenancy is a new tenancy and you hold the sum thus can not be in breach. The better position would be at the start of the new tenancy to return the deposit and take it back from them providing them with the information. Then put into the TDS - it may seem a bit ham fisted but the law can be like that - this would thus give you the s.21 weapon. I hope that this helps - please rate positively - thanks
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32885
Experience: Over 20 years experience
Thomas Judge and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you for that.

when you mention "providing them with the information" ...what information is that?

additionally, does taking the recommendation you suggest also prevent myself from being subject to the three times the deposit penalty if for any reason the tenancy was to go to court?

also, i have another property where the deposit wasn't registered originally, but again wish to renew the AST...what would need to be done in this circumstance?

thank you

Expert:  Thomas Judge replied 1 year ago.
My pleasue - the information is details of the TDSIt does not prevent them from bringing a claim if they so wish. The same would apply to the second hime. Please rate positively
Customer: replied 1 year ago.

okay i understand, the prescribed information needs to be served accordingly with the registration of the deposit.

i did not quite understand clearly what the process would be in the last scenario where i haven't registered the deposit at all but would like to renew the tenancy. What would i need to do to get the S21 privilege back in that circumstance?

thank again

Expert:  Thomas Judge replied 1 year ago.
I am happy to answer the second question but please rate positively for the original question - thanks
Expert:  Thomas Judge replied 1 year ago.
Again you have a number of options - the best may be to return the deposit and commence a new correct one
Customer: replied 1 year ago.

feed back given.

thanks

Expert:  Thomas Judge replied 1 year ago.
cheers

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