Q&As

A landlord did not serve the prescribed information on the tenant or protect the deposit when he granted an assured shorthold tenancy. The fixed term has now expired. The landlord has returned the deposit to the tenant. Can the landlord now serve a section 21 notice or is the section 8 procedure his only option? There are rent arrears of more than two months.

read titleRead full title
Published on LexisPSL on 11/07/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord did not serve the prescribed information on the tenant or protect the deposit when he granted an assured shorthold tenancy. The fixed term has now expired. The landlord has returned the deposit to the tenant. Can the landlord now serve a section 21 notice or is the section 8 procedure his only option? There are rent arrears of more than two months.
  • Section 21 notice
  • Section 8 possession procedure

This Q&A assumes the question relates to a tenancy within England.

Section 21 notice

Within 30 days of receipt of a rent deposit, the landlord must comply with the initial requirements of the tenancy deposit scheme (TDS) by giving the tenant (and any person who pays the deposit on the tenant's behalf (ie the ‘relevant person’)) certain prescribed information about the TDS, the deposit and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004) (as amended) and Practice Note: Tenancy deposit schemes). Failure to do so has potential consequences.

Under HA 2004, s 215 a landlord cannot recover possession of its property by serving notice under section 21 of the Housing Act 1988 (HA 1988) (section 21 notice) at any time when:

  1. the deposit is not held in accordance with an authorised TDS

  2. the initial requirements have not been complied with, and

  3. the prescribed information has not been given

However, the restriction on service of a section 21 notice does not apply where:

  1. the deposit has been returned to the tenant in full or less agreed deductions, and

  2. the tenant has brought a claim which has been determined by the court, withdrawn or settled

Note also that failure to register a deposit, or to comply with the initial requirements, is not a bar to service of a notice under HA 1988, s 8.

The

Related documents:

Popular documents