How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71133
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

We are trying to evict our tenant. The previous landlord did

This answer was rated:

We are trying to evict our tenant. The previous landlord did not protect the deposit. We have returned the tenants deposit and served the section 21 notice. Is this correct?
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, it is the only way to serve a valid S21 notice.
Obviously that does not protect you from liability for three times the sum of the deposit but in terms of serving a valid S21 notice this is the only way.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thanks Jo. We recieved a letter from the tenant's solicitor returning our cheque uncashed and stating that the tenancy agreement provides for the deposit to be protected and that we cannot unilaterally change the terms of the contract. They have said they will defend the proceedings and rely on section 215(2) of the Housing Act 04 which prevents a landlord from serving a S21 notice where s213(3) has not been complied with - any thoughts??

Ah, that is different
He hasn't accepted the return of the deposit then. That does change things.
The points they are making are absolutely right then.
The only way around that is to secure the deposit, usually by granting a further AST, and then serve.
Customer: replied 2 years ago.

Thanks Jo. OK we will secure the deposit then although thought that we had to return it to the tenant?

How would we grant a further AST? Is this necessary? I can't see the tenant playing ball

Returning it to the tenant can get around this issue but it has to be accepted by the tenant and it has nt been
The only other alternative is to allow the tenant to sue. If the tenant brings a claim which has been determined, withdrawn or settled by the court, this will then allow the landlord to serve a valid section 21 notice.
Or, of course, securing the deposit.
Jo C. and other Law Specialists are ready to help you