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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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I accepted a checque as a deposit on our rented accommodation,

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I accepted a checque as a deposit on our rented accommodation, this cheque was not dated and was not from the tenants and has never been cashed.
We are not renewing the tenancy and have advised the tenants of this and issued a section 21 notice. Does the cheque have any impact and if so what do we do about this

Regardless of the cheque, the tenancy commenced. Correct?

Customer: replied 3 years ago.

yes, we are 3 months into it now and we have a buyer for the house


Thanks. Are you serving the s21 notice so that you can get possession of the property at the end of the fixed term (I presume the fixed term is for 6 months)..

Customer: replied 3 years ago.

Yes that is correct, the tenancy agreement ends on 30th April


Thanks for your patience.

I see, good.

The fact that you did not cash the cheque is not likely to make a difference here. The tenancy is in force regardless of the cheque – the tenant has taken occupation and paid rent, which you have accepted.

You would not be able to claim that they have a deposit, because there is no deposit amount obviously, but the s21 proceedings will run as normal. S21 is available to landlords without reference to deposit amounts

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Kind regards,

Customer: replied 3 years ago.

They are saying that because i did not put the deposit into a deposit protection scheme i may not be able to serve notice


Well, that would be the case if the tenants had actually tendered the deposit but my view is that the deposit was tendered by other people so unless you agreed with them to accept it then the argument falls down.

It may cause a problem if you agreed to accept the cheque from the other people but still you have not cashed it so you would still have an argument in your favour from this perspective.

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