Q&As

A residential landlord has failed to register the tenant’s deposit, but now wants to serve a section 21 notice. The landlord believes that the tenant may refuse the return of the deposit in an attempt to prevent the landlord serving the s 21 notice. What are the landlord’s options?

read titleRead full title
Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 30/05/2017

The following Property Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • A residential landlord has failed to register the tenant’s deposit, but now wants to serve a section 21 notice. The landlord believes that the tenant may refuse the return of the deposit in an attempt to prevent the landlord serving the s 21 notice. What are the landlord’s options?

A residential landlord has failed to register the tenant’s deposit, but now wants to serve a section 21 notice. The landlord believes that the tenant may refuse the return of the deposit in an attempt to prevent the landlord serving the s 21 notice. What are the landlord’s options?

The Housing Act 2004 (HA 2004) regulates how landlords must deal with tenants’ deposits for assured shorthold tenancy (ASTs). The relevant provisions came into force on 6 April 2007.

HA 2004, s 213 requires a landlord who has received a tenancy deposit to register it with an authorised scheme and provide information relating to it within 30 days of receiving the deposit (prior to amendment by section 184 of the Localism Act 2011, this was within 14 days).

If a landlord fails to take these steps, HA 2004, s 214 allows a tenant to apply to Court for an order that the deposit may be protected or returned and that the landlord pays to the tenant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit.

In addition (as is appreciated in the question) HA 2004, s 215 provides that where a landlord has failed to protect a deposit, the tenancy to which it relates cannot be ended by the landlord serving on the tenant notice

Related documents:

Popular documents