BBH Posted January 28, 2015 Report Share Posted January 28, 2015 Hello, We've had a tennant in our property for nearly 4 months, and will soon be doing our big inspection of the property in time for any notices that we may want to give to end the term of tenancy at the end of our 6 month agreement. Whilst checking the procedure of the section 21 notice. Ive realised that we haven't placed the tennant's deposit into any of the approved schemes, and read that I should have done this within 30 days of recieving it. if I was to put it in this late, would it then validate any notice that I may want to give now or in the future? Or is any notice I give invalid regardless now? Link to comment Share on other sites More sharing options...
Grampa Posted January 28, 2015 Report Share Posted January 28, 2015 You need to return the deposit first and then you can serve a valid s21 notice. Thought it doesn't stop you serving a s8 for rent arrears but a tenant could put a counterclaim in which could bring the arrears below the mandatory 2 months under ground 8. Link to comment Share on other sites More sharing options...
BBH Posted January 28, 2015 Author Report Share Posted January 28, 2015 If we were to have put on the tenancy agreement that we only have to give a period of time thats less than 2 months eg (4 weeks, 6 weeks etc) and the tennant signed it along with a solicitor. Would that over rule the 2 months thats usually given? Link to comment Share on other sites More sharing options...
Grampa Posted January 29, 2015 Report Share Posted January 29, 2015 You can put what ever you want in a contract, enforcing it is another matter and the "unfair terms" could come into play. Remember contract law (your tenancy agreement) doesn't/cant override statute (made by a act of parliament). Case law could come into play but that would depend on what level of court it was ruled on and then you would likely need a long expensive court case for the judges to decide what prevails. I think it would be a poor solicitor who agreed to what you are proposing and I bet their main work would be selling houses and not housing law Link to comment Share on other sites More sharing options...
Mortitia Posted January 29, 2015 Report Share Posted January 29, 2015 BBH - definitely not! As a newbie you need to smarten up on landlord and tenant law. If you had the wrong tenant in you could end up with a big problem of attempted illegal eviction and failure to protect deposit and issue PI. That last bit can incur a fine of up to 3 X the deposit though the average is 1X deposit. I would return deposit immediately and say there had been an error or you have decided against taking deposits 'as there is too much paperwork' - that might get you out of action from your tenant. Link to comment Share on other sites More sharing options...
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