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Notice Advice


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Hi all,

Wonder if you can help me with a quick query.

Tenant signed a 6 month ASTA which started on 1st October, and has now paid 5 months rent (on the 1st of each month) without issue.

March's payment (month 6) however has not gone through, and have had many excuses from the tenant and to be honest I can't see it being paid.

I'm just wanting some advice on serving an S21.

- Do I need to serve an S21 even though the fixed term is up at the end of March?

- Would the start date of the S21 only be valid on 1st April (i.e. a rent day if the contract rolled onto a periodic tenancy)

Appreciate any help.


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If the 2 months notice starts inside the fixed period but ends in the periodic period this is the only time the dates dont have to to fall on certain days. So as long as you allow a couple of extra days for postage (if posting) you can serve it now. (s21(1)(B) )

Have you protected any deposit correctly and given the p/info? If not any s21 is invalid.

If you have a guarantor chase them for rent owed.

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Yes took deposit and protected through the DPS. Is the tenant not informed through the scheme (i.e. are they not given their login ID), as they have the details of the tenant and address when the deposit was first protected?


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No the LL is responsible for providing the many pages of info to the T within 30 days now I believe, the last page requires T signature to show receipt. Paragraph 5 and 6.

Landlord / Letting Agent Information - Deposit Protection Service

In theory you've lost your chance and are now snookered, although I'm not sure if discretion is allowed by a court. With your situation it's less likely the T will sign anything for your advantage anyway, Your choices seem to be to serve the S21 and hope the error isn't picked up, send the info by registered post, or wait for the reason to arise and serve a S8 notice.

Anyone any other thoughts on this ?

Has the deposit protection system been designed to encompass such a situation, other than "tough that's your lot" ?

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It appears I've overlooked something in the DPS process then, but it seems strange that not informing the tenant that their deposit has been protected invalidates the S21, as presumably the process for withholding / returning deposit etc. at the end of the tenancy is still valid.

(I did inform the tenant via email that their deposit was protected, but obviously wasn't the correct way to do it)

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