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Category: Property Law
Satisfied Customers: 33362
Experience:  Barrister at Self Employed Barrister
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I am a landlord and have a tenant that lives in a rental property

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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
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
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Customer: replied 2 years 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

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 2 years 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

I am happy to answer the second question but please rate positively for the original question - thanks
Again you have a number of options - the best may be to return the deposit and commence a new correct one
Customer: replied 2 years ago.

feed back given.