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chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11865
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Many thanks response! I have been reading some scary

This answer was rated:

Many thanks for your response!
I have been reading some scary internet stuff (always a bad idea) around how unproctected i am with regards ***** ***** deposit not having been protected at the correct time and that the way round this would bewithin subsection 215
section 215
(2A)Subsections (1) and (2) do not apply in a case where—
(a)the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant,where basically if i return the deposit (which i go do by simply agreeing with him to keep it for his current rent arears) that would satisfy this subsection of the section 21 which could mean i could still issue one in 6 months - or do you think i am over complicating it?do you think that a judge would be happy that i had retrospectively followed the letter of the law at least - i am less concerned about the fine and more concerned about having him as a tenant i just cannot get rid of - i live out of the country but will be returning to my flat at the end of the this tenancy period
many thanks
Customer: replied 1 year ago.
my next question if i decided to use his deposit for rent arears with agreement with him is in what form would that agreement have to take for the court to be satisfied?


I would suggest any agreement that he signs would be acceptable by a court

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

chatham-chamber and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you for that - so back to the original point what do you think is the best course of action to protect me in the future and allow me to use a section 21? would it be to simply save his deposit now or would it be return it (or rather use it for rent arrears) or if you cannot give flat out either or advice! coudl you explain to me the merits of each option?


You should protect he deposit now and in future, do so as soon as the deposit is received from any future tenants.