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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We want to end our tenancy agreement with our tenant who has

Customer Question

We want to end our tenancy agreement with our tenant who has been in our house for over 7 years. I have prepared the Section 21 Notice and want to know if we have to provide the proof of deposit in a government approved scheme as this was not a requirement when we took out the assured short hold tenant agreement in 2008. Can I serve the Section 21 Notice by e-mail? Thanks - Kevin Helps
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume the tenant is on a periodic tenancy now please?
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.
I am in Kenya so a phone call won't work
Customer: replied 2 years ago.
I just need to know if I need the deposit in a scheme as this was not a requirement at the time the lease was taken out and if so can I now put into a scheme today before I serve the Section 21 and also I can send the Section 21 by e mail or does it need to be served.
Expert:  Ash replied 2 years ago.
Ok. So you MUST protect the deposit BEFORE you send the S.21 notice. This is because the law says you must protect it before you take ANY steps to take possession, even if at the time it did not apply.
As for emailing the S.21 you must make sure the tenant has received AND read it. I would send it by email AND by post.
But you MUST protect the deposit before you send notice.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
is there a preferred scheme I should use for the deposit? and please confirm it is allowed to do the protection of deposit now even though it was not in a scheme previously as I have read that there is only a 30 day period to put the deposit in a scheme?
Expert:  Ash replied 2 years ago.
Yes you must do it now as a periodic tenancy is a new tenancy every months.
Google search TDS they are government approved.
Does that help?
Alex