Ask an Property Solicitor. Get an Answer ASAP.
Hi, I'm Lea
Do you hold a deposit for the tenant and is it protected in a government scheme?
Have you served all required documents under the law?
They are documents you need to have provided to your tenant with each renewal of the tenancy.
E.g. gas safety certificate etc.
I take it you have not served any of these documents? Have you protected the deposit?
I am sorry to have to inform you that if you have not served the documents you are supposed to have served, and have not protected the deposit, you are not going to be able to serve a s21 notice.
Please accept and rate the response positively. You will be able to ask follow on questions after you have rated.
Firstly you'll have to return the deposit in full, with no deductions. Bear in mind that doing so will allow you to serve a s21 notice, but it won't protect you from your tenant issuing proceedings to the court for your failure to protect it in the first place.
Secondly you must issue the gas safety certicate before you issue notice.
If you also renewed the tenancy after 1st October 2015, you must serve the government 'How to Rent' guide on your tenants.