Q&As

An AST was granted in 2004, but the deposit was not protected. Is it correct that the deposit must be returned or paid into a TDS before a section 21 notice can be served? If so, if the deposit is returned via a cheque, is sending the cheque a sufficient ‘return’ for the purposes of serving the section 21 notice? Or must the tenant have cashed the cheque?

read titleRead full title
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 15/11/2016

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • An AST was granted in 2004, but the deposit was not protected. Is it correct that the deposit must be returned or paid into a TDS before a section 21 notice can be served? If so, if the deposit is returned via a cheque, is sending the cheque a sufficient ‘return’ for the purposes of serving the section 21 notice? Or must the tenant have cashed the cheque?

This Q&A deals with the practical difficulties landlords may face in circumstances where they wish to serve a section 21 notice (section 21 of the Housing Act 1988 (HA 1988)), but the deposit has not been protected in an authorised tenancy deposit scheme (TDS). In particular, a failure to place a deposit in a TDS and comply with the ‘initial requirements’ imposed by the authorised TDS will prevent a landlord from utilising the section 21 procedure under HA 1988. For more information, see Practice Note: Tenancy deposit schemes.

The landlord will still be unable to serve a section 21 notice where they have taken steps to protect the deposit late, as they will have failed to comply with their obligations within the requisite period. Additionally, where a landlord has not complied with the necessary deposit requirements, they will not be able to utilise the accelerated section 21 procedure, rather they must use the standard procedure.

Also note that in addition to the landlord being un

Popular documents