Landlords Alliance – Emergency Euro Elections Statement21:09 PM, 21st May 2019
About 6 days ago 77
Has a new tenancy been created? If so should the deposit have been re-registered?
My tenants were on periodic tenancy following 12 month AST.
They served notice via my agent as they had found them a better house. Their last day would have been 15 Nov 2014. However, the new house fell through and as such they stayed on.
They have paid the usual rent on time ever since and look after the house so no question of any wrong doing.
I want to move back in now and have served a section 21 notice via the agent.
Tenants claim that a new lease was created on 16 Nov 2014 as their notice was valid and accepted, yet they stayed on after and I accepted rent and therefore created a new tenancy.
As the deposit wasn’t re-registered, and is still in the scheme it was originally placed in at the start of the AST, the tenant is claiming the section 21 notice is not valid on the basis that the deposit wasn’t re-registered at the start of the “new lease”.
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