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?
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
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