Q&As

If a section 21 notice is served on a tenant, but at the time the notice was served the rent deposit was for an amount in excess of five weeks' rent (as the tenancy commenced prior to the Tenant Fees Act 2019 being implemented) does this render the section 21 notice invalid? Does it make a difference if the section 21 notice was served by an agent on behalf of the landlord, rather than the landlord themselves?

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Published on LexisPSL on 05/05/2021

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

  • If a section 21 notice is served on a tenant, but at the time the notice was served the rent deposit was for an amount in excess of five weeks' rent (as the tenancy commenced prior to the Tenant Fees Act 2019 being implemented) does this render the section 21 notice invalid? Does it make a difference if the section 21 notice was served by an agent on behalf of the landlord, rather than the landlord themselves?

If a section 21 notice is served on a tenant, but at the time the notice was served the rent deposit was for an amount in excess of five weeks' rent (as the tenancy commenced prior to the Tenant Fees Act 2019 being implemented) does this render the section 21 notice invalid? Does it make a difference if the section 21 notice was served by an agent on behalf of the landlord, rather than the landlord themselves?

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential tenancies in England to make payments other than those specifically permitted, including setting limits on the amount of money that can be demanded as security.

A tenancy deposit taken as security for the tenant’s obligations is permitted. However, the deposit must not exceed five weeks’ rent (unless the annual rent is £50,000 or more, in which case the limit is six weeks’ rent)—any amount payable in excess of this

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