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Ask chatham-chamber Your Own Question
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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Ok thank you - so back to the original point what do you

Customer Question

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 in the correct scheme in the hope if it comes to it in 6 months time a judge would besympathetic to my need to end my tenancy despite not protecting it in the correct manner at the correct time or would it be to return it (or rather use it for rent arrears)in order that i am satisfying the clause of returning unprotected deposits to the tenant- if you cannot give flat out either or advice! could you explain to me the merits of each option?
Submitted: 1 year ago.
Category: Property Law
Expert:  chatham-chamber replied 1 year ago.


Yes I do think you should protect the deposit now. If you do not, you will not be able to issue a section 21.

You can return the deposit, but this will not protect you for rent arrears.

The best solution for you at this stage would be to protect the deposit. Provided it is protected before you issue the section 21, you can still claim for possession.

The tenant is still able to claim for 3 times. Whether this is granted is a matter for the courts.

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,