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How much notice - total confused


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Hi, not sure if someone can point me in the right direction, I am unsure on what notice and wording I need to give a tenant.

they have been in the property almost 3 years they have an Assured shorthold tenancy agreement.  Pay monthly.

gas and electric checks up to date.

deposit is not in an protection scheme ( can go into more details why )

no epc done.

looks like a section 21, but then I think not.

any help would be appreciated 


thank you

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Section 21 will fail if defended for much more than failure to protect a deposit that has been taken and failure to have a valid EPC.

An up to date EPC is easily sorted, and I don't see evidence of a previous EPC (or not) when one is created.

The deposit issue is more serious. You could end up repaying 4x the deposit.

You should consider your other tenancy obligations also.

It may be easier for you to consider negotiating a tenancy surrender, by offering a financial incentive. If your tenants are naive it could be cheaper also.

Asking for wording shows a naivety on your part, as a correct notice would be used. So I wonder where else you may be at risk.

Also, the section 21 is being abolished and replaced by a new system. While this is 'underway' i believe we can still use them. But if honest I'm not as up to date as I would be if I were planning a repossession, in England. In Wales it seems I may still serve a S21 till March on existing tenancies. Feel free to comment Grampa. 


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Thank you for reply.

The deposit has sort of rolled, and was initially taken about 18:years ago and I have  not tried to do anything wrong.

Had a tenant who paid the deposit, (18 years ago) , she moved out and her sister took the property (12 years ago) then in  April 2020  ( full COVID lockdown) the original sister moved back in.  So the deposit money just rolled as I have never kept any back. 

I have never had to ask anyone to leave, hence unsure of the wording for the letter.



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As you appear to not be familiar with the long list of legal requirements associated with letting property can I assume that you have a letting agent that handles things for you ?

If you don't have a lettings agents then you probably need to pay for professional advice and assistance in order to retake possession of your property.


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Your situation re: deposit would seem muddy at best.


The question here is, did the tenancy evolve to become the sister? I expect the sister paid you, you accepted, you dealt with the sister only, and so she wasn't considered to be a sub tenant.

All that being the case it might be viewed that you kept the original deposit, for what ever reason.

Have you tried discussing the tenancy closure with them?

Are they likely to defend a repossession?

As said, if they surrender all the possible complications evaporate.

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