Deposits and Section 21s

by Readers Question

9:34 AM, 21st January 2016
About 3 years ago

Deposits and Section 21s

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Deposits and Section 21s

Does one have to re-register deposits on a renewal or even a periodic tenancy please?deregulation

I read somewhere that there is a new form for Section 21 usable for both Fixed term and periodic but I can find no other information.

Is there a new form, if so where do I get it? Are the old (two) forms now obsolete?

Regards

Alan



Comments

Neil Patterson

9:37 AM, 21st January 2016
About 3 years ago

Hi Alan,

Please see our article on the new Deregulation act rules from the Sheriffs Office >> http://www.property118.com/assured-shorthold-tenancies-and-the-deregulation-act-2015-the-new-rules/81450/

Also Q&A >> http://www.property118.com/q-and-a-for-deregulation-act-2015/82396/

And from Paul Shamplina at Landlord Action >> http://www.property118.com/landlords-get-switched-on-now-and-understand-your-new-obligations/81863/

The new section 21 form link >> http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf

If you do an article search and enter “Deregulation” you will find more articles >> http://www.property118.com/article-archive/

Kelly Joanna

10:52 AM, 21st January 2016
About 3 years ago

You do not need to re log the deposit with the DPS when an AST becomes periodic, but if you renew then you will, including re-issuing prescribed info. Pretty sure you have to update my deposits when it becomes periodic.
Not sure about TDS but each of their sites should offer clear instructions.

Paul Franklin

11:06 AM, 21st January 2016
About 3 years ago

No, you don't have to re-protect deposits anymore. Not since that section of the deregulation act came into effect. September or October last year from memory. As long as you did it right in the first place, within the required 30 days, you're covered.

The S.21 form is Form 6A. Google Section 21 form 6A and it comes up. Yes it's new and must be used for all tenancies, including tenancy renewals that started on or after 1 Oct last year.

Prior to this there was no set S.21 form, only legislation that stated what information a s.21 should contain, but there was no set template like we have now.

For s.8 notices, there has always been a set form. Form 3. This has been updated fairly recently as well though so I guess you could call it 'new'.

Romain Garcin

11:20 AM, 21st January 2016
About 3 years ago

Hi Alan,

You need to check with the scheme whether they require any action.

I wouldn't use the new prescribed s.21 form unless I have to.

Chris Byways

11:51 AM, 21st January 2016
About 3 years ago

Reply to the comment left by "Paul Franklin" at "21/01/2016 - 11:06":

Thanks Paul, made notes of this.

ONE QUESTION: CAN WE ISSUE A S21 on GEORGE OSBORNE?

Googling came up with these links,

S21
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464909/Form_6A_INTERACTIVE_FINAL_Possession_property.pdf

Info on s21:-
https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Paul Franklin

12:02 PM, 21st January 2016
About 3 years ago

You can certainly try Chris, although would that count as retaliatory eviction?! 😀

The first link you've posted is the interactive version of the new s.21 - complete it and print it off and job done. If the tenancy, or tenancy renewal, started after Oct 1st, you must use this form. Bear in mind that you must also ensure that you have served the relevant documents to the tenant as well - the EPC, the gas safety certificate, and the 'How to Rent' booklet. If any one of these hasn't been issued - just like the notes on the s.21 says - it may be held not to be valid. Good luck!

Chris Byways

13:21 PM, 21st January 2016
About 3 years ago

The question is, IF any had not been served, or deposit was protected one day late, how is it rectified?

Some notes,
gas cert. not required if no gas appliances,
EPC not required for listed buildings
PI not required if no deposit taken
The How to Rent guide can be supplied by an email and a link to the Gov version iirc. If the tenant has email.

But in all cases getting a signed acceptance of all of this info by lead tenant is important for our protection.

Even if not valid, such that a court does not hold s21 as valid, aiui s21 can be used, but a savvy tenant may just laugh.

Then you would have to resort to s8 when rent is 2m late (at issue and application)?

When a new OWNER takes over an existing periodic AST, (keeping same terms), I assume this is not a new TA, and simply getting the tenant to acknowledge you as the owner, how to contact you, and who still holds the deposit, if any, is all that is required?

( btw, it would be seen as justifiable revenge eviction in GOs case ? )

Mike

18:22 PM, 21st January 2016
About 3 years ago

How does Protecting deposit effect S21 if deposit was not taken initially when the tenancy started, assuming the landlord did not take deposit for any reason such as like tenant did not have money to pay deposit and promised to pay later on, so assuming he pays 6 months after his moving in or the start of his Tenancy, then is the landlord still within legal limits to serve S21 notice when the deposit protection date is 6 months later than the start of tenancy.

Michael Barnes

20:43 PM, 21st January 2016
About 3 years ago

Reply to the comment left by "Mike " at "21/01/2016 - 18:22":

It is my understanding that the time limit for protecting a deposit starts from when the deposit is received and has nothing to do with the start date of the tenancy

Paul Franklin

9:40 AM, 22nd January 2016
About 3 years ago

Reply to the comment left by "Michael Barnes" at "21/01/2016 - 20:43":

Yes it is, as Michael says, from the date the deposit is received. s.213 Housing Act 2004 as amended by Localism Act 2011.

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