sjc Posted April 28, 2008 Report Share Posted April 28, 2008 Being new to the LL game, I failed to insure my tenant's deposit on an AST within the 14 days required when I recieved it as I didn't even know I had to insure it. I now have insured it with DPS. Have I lost all rights for possession by failing to insure the deposit within 14 days of receiving it or is it retroactive? Does this mean I am still liable for the fine and still unable to serve a section 21 (tenant has not paid rent for three months)? Can I serve a section 8? Obviously this is becoming a bigger worry each day the tenant fails to pay. Any advice would be greatly appreciated. Link to comment Share on other sites More sharing options...
sjc Posted May 6, 2008 Author Report Share Posted May 6, 2008 For anyone in a similar position - I contacted the DPS and apparently even though the deposit is now insured it is not retroactive so the T can sue for three times the amount (a month and a half's rent). The up shot is that we cannot get T out of the flat until the end of the AST even though they are not paying rent because we cannot serve s21 and they can sue us for the equivalent of 4.5 month's rent. So word of warning make sure you insure deposit and give T details within 14 days or they get to live in your flat for free (for 4.5 months) and there is nothing you can do about it. Link to comment Share on other sites More sharing options...
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