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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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I gave my tenants 2 months notice in writing but hadn't secured

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I gave my tenants 2 months notice in writing but hadn't secured their deposit. If i give them their money back do i have to give them a further 2 months notice
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but you do.
If you didn't secure their deposit and this is an AST then any S21 notice you have served is invalid.
If they refuse to go then your only option actually is to secure the deposit and then serve notice upon them to make this a valid S21 notice.
Of course, they may go anyway as realistically you will get them out in the end and most tenants do not wait for court action.
The case law is fairly clear on the point I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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