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?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 15 November 2016
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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

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited


Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Jurisdiction(s):
United Kingdom
Key definition:
Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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