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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69256
Experience:  Over 5 years in practice.
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I have served the section 21 notice. The tenancy deposit is

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I have served the section 21 notice. The tenancy deposit is protected but it was protected late. ie on the friday and given with the information sheet to the tenant on the friday but the notice wasnt served until the sunday. Is this still a valid service of notice as it is well out of the 30 day period. do i need to pay the deposit back in full instead- only £200. If I pay the deposit back in full do I then need to serve notice again. The rent arrears are over £1000. He is long term unemployed.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

Was the deposit protected when you served the notice?
Customer: replied 3 years ago.
yes i protected it on the friday. Gave it to the tenant and he signed for it on the friday and then I served him the section21 notice on the sunday with an independent witness present.

It depends what you want to achieve.

From the point of view of your S21 notice, that is valid. You only have to have protected the deposit at the time that you serve the S21 notice. This one was. From that point of view, you are safe.

However, from the point of view of your liability under the Localism Act, you did protect late and that gives him the right to claim three times the sum of the deposit. The practical reality is that he has no chance of getting anything more than the sum of the original deposit. You can resolve that claim entirely by returning his deposit to him now in full.

I realise that isn't attractive but its a lot better than being sued for three times the sum.

You do still have a claim against him at the small claims court for any arrears or damage.

Hope this helps. Please let me know if you need more information.
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