Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : you can't renew the deposit retrospectively. It will be valid from the date the scheme, has it.
Alex Watts : Once it is in the scheme them and only then can you issue a section 21 notice
Alex Watts : If you issue a section 21 notice before it is protected that notice is NOT valid.
Alex Watts : to be clear before you take any step to evict the deposit must be protected
Alex Watts : If you protect the deposit it is not considered a new contract
Alex Watts : The tenant is still on a periodic tenancy (monthly rolling contract)
Alex Watts : if you have not issued a section 21 notice as yet then you can backdate it.
Alex Watts : That is because it is not in response to a section 21
Alex Watts : there is no section 21 notice yet.
Alex Watts : So protect and then issue the notice.
Alex Watts : Can I clarify anything for you about this today please?
the section 21 notice was not to evict? He simply asked for it? Have we been tricked? Shall i ask the agent if they have issued it? the official tenancy finished in October 2014. We did not renew this - we simply agreed to let him stay. So if we renew the deposit scheme can we simply issue another section 21 notice or - is this really necessary if you have no contract?
Alex Watts : If they have not issued if then you are ok.
Alex Watts : But you need to serve a section 21 in order to seek possession at all
Alex Watts : He has a monthly periodic tenant so he needs a section 21 notice and is entitled to this if you want him to leave
Is this the case even if it a month by month arrangement?
Alex Watts : you can't end a tenancy as landlord without this.
Alex Watts : Yes this is the case on a month by month
Alex Watts : It's a periodic tenancy the tenant has
Alex Watts : monthly rolling contract
if they have issued it, can we still backdate the deposit protection?
Alex Watts : You can fry.
Alex Watts : tey
Alex Watts : try
Alex Watts : But you will need to re issue the section 21 notice if they have
Alex Watts : the old one won't be valid
what is the actual implication? will it just take longer for them to move?
Alex Watts : Yes and potentially they can sue you for x3 the deposit. The law requires you to protect within 30 days
Also - should i be renewing the protection until April 15 when the official tenancy ended in oCTOBER 15? There is a line in there which says are you renewing late because you are issuing a section 21 notice?
sorry it ended in october 14
Alex Watts : the tenant is on a periodic tenant so yes you need to renew it back to October if you can
Alex Watts : You are renewing late
Alex Watts : if a section 21 has been issued you can tick no
Alex Watts : not been issued
Alex Watts : otherwise you tick yes
Alex Watts : in short you must protect the deposit to serve a section 21 notice
yes but shall i renew all the way from when it expired to now? or only until october 14 when the AST officially finished.
Alex Watts : you can not take any step to take possession unless the deposit is protected
Alex Watts : Does that clarify?
also should i be ticking that i am renewing late because i want to issue a section 21 notice because actually i just forgot
My only concern is that it does say that if you protect with a deposit you are saying that he has a contract - which he does not
Alex Watts : Whether you forgot is not an excuse. The law requires you to protect within 30 days
Alex Watts : He does have a contract
Alex Watts : He has a monthly rolling contract
Alex Watts : by law you are required to protect it.
Alex Watts : No matter who you
Alex Watts : No matter how to try and paint it, the deposit MUST MUST MUsT be protected
i see - so i should renew and say "yes" to the reason being i am issuing a section 21 notice or shall i just say "no"
Alex Watts : What is the exact question asked?
On the renewal deposit scheme, one question says:
"are you backdating this protection because you would like to issue a section 8 /section 21 notice"
Alex Watts : Then you tick yes
ok - Finally - will he know that i have just renewed it. shall i just admit this to him?
Alex Watts : Do not admit that.
Alex Watts : But protect the deposit then issue the section 21
Alex Watts : Does that help?
ok - but he is asking for a copy so will he know that i have just renewed today?
Alex Watts : Yes that is right
So if he asks i will need to admit it. is that correct?
Alex Watts : Only if he asks
Brilliant ! Thanks a million. you have been fab
Alex Watts : can I clariify amything else for you today?
One slight concern - he is also raising the issue of not having a TV licence when we said we would pay for utility bills? Can i sinmply purchase one for him now?
Alex Watts : well I don't think that's an issue really
Alex Watts : but yes you can get one now
so it would not really be a problem either way? best to buy to keep him quiet?
Alex Watts : correct
And finally - if i renew the deposit protection until October 2015 - this does not imply a new tenancy contract does it?
Alex Watts : no it does not
thank you very much - thats it
Alex Watts : great, if I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply