Section 21 and late deposit protection into SPT period

Section 21 and late deposit protection into SPT period

11:32 AM, 2nd March 2015, About 7 years ago 30

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I would just like to clarify something unequivocally if you can please –

I thought it was set in stone that a section 21 notice cannot be valid if the deposit was protected late (unless the deposit has been returned etc etc.). But I have been told this: As my tenancy has rolled on to a SPT (in effect, a new tenancy) the late protection of the deposit doesn’t matter when it comes to a section 21 because it pertains to the old AST. The deposit is deemed to have been protected on time with regards to the current SPT as it was already protected by the TDS when the SPT started, therefore my section 21 IS valid. Can that be true?

Thanks for any help.



by James Pond

12:56 PM, 3rd March 2015, About 7 years ago

Reply to the comment left by "Michael Barnes" at "03/03/2015 - 08:15":

Michael, I have written to the landlord numerous times. But he doesn't want to know. He's a first-time landlord and is so naive that he believes whatever the agent tells him.

I fully intend on going to the agent's governing body, in fact I have just printed out the forms and am busy collating all the evidence. Also considering local paper, MP and Trading Standards.

That the landlord is caught up in this is not my fault. That he is the one liable for the penalties is an unfortunate side effect of HIS agent's ineptitude; about which, as I said, I have told him many, many times. But hopefully he will be able to sue them for their incompetence and maladministration.

I prefer the adage "strike whilst the iron's hot" 😉

by Dr Rosalind Beck

13:28 PM, 3rd March 2015, About 7 years ago

My daughter is currently studying 'An Inspector Calls' for her GCSE (bear with me; this is relevant). A central theme in the play is how each person's seemingly small, thoughtless and/or malicious actions can impact in such a negative way as to have a cumulatively disastrous effect (in the play a young woman commits suicide as a result).
In the context of this thread I believe that when a person (James) decides to go on such a negative path as to try and get someone (the landlord) into trouble, even when admitting that the landlord has done nothing immoral or deliberately malicious, he is courting trouble. It can only end badly. For example, it could make James ill (legal and court processes are very stressful), but even if he is heartless and thick-skinned and so doesn't mind the conflict, he will undoubtedly inflict pain on the landlord and who is to say that the cumulative effect of this won't make the landlord ill or worse? What a shame that people exist who want to cause this kind of damage to others.

by James Pond

14:44 PM, 3rd March 2015, About 7 years ago

Reply to the comment left by "Rosalind ." at "03/03/2015 - 13:28":

can you please try and comment about this more objectively. You are so biased toward the landlord (one of which you undoubtedly are).

I doubt you are able to see things from a tenants point of view, but please try. In a nutshell - the landlord's agent has contrived to remove us from our home in a most despicable, not to mention illegal, way (no doubt so they can get another round of ASTRONOMICAL fees and put the rent up). We have always paid our rent on time and in full and we look after the place very, very well.

I have been successfully renting for 20 years and have never experienced treatment remotely like this. Their conduct has been disgraceful. And now you are suggesting that I should kowtow to them and not stand up for my principles and rights

by James Pond

14:53 PM, 3rd March 2015, About 7 years ago

Reply to the comment left by "Rosalind ." at "03/03/2015 - 13:28":

Let's face it, the truth here is that you are frightened that there are tenants like me out there who will stand up for their rights and principles and stop your gravy train rolling along.

Would this be a good time to ask if the S21 should have both joint tenants names on a single notice, or should it be served to each tenant individually?

by Neil Patterson

15:13 PM, 3rd March 2015, About 7 years ago

Polite notice please.

I would be most grateful if this thread can be kept on a factual basis as all our other articles are.

I would not like to see personal comments please.

Thank you very much 🙂

by James Pond

15:19 PM, 3rd March 2015, About 7 years ago

Reply to the comment left by "Neil Patterson" at "03/03/2015 - 15:13":

Hear hear Neil. Thank you.

by Dr Rosalind Beck

15:57 PM, 3rd March 2015, About 7 years ago

I repeat: I see this site as a rare thing - a forum where landlords can share advice with each other - something much needed with increasing legislation and red tape which is making our lives very difficult (and leading to the kind of loopholes which James seeks to exploit) and with a generally anti-landlord atmosphere prevailing in this country. I do not see it as a forum for helping tenants get one over on landlords. There are plenty of organisations willing to help tenants do this.

by James Pond

16:27 PM, 3rd March 2015, About 7 years ago

Well perhaps I've come to the wrong place. I wasn't aware that this site was just for landlords. Perhaps a moderator will tell me that that is indeed the case and I'll be on my way. Or maybe someone could let me know of a more appropriate forum for my questions?

You could look at it another, more positive way Ros - you could look at my questions/answers and the advice given and make sure you don't make the same errors. It's all good advice/information and we're all learning something new every day in the ever-changing housing law.

I am just trying to stand up for myself regarding the agent. I'm sure you are a wonderful landlord and hope that you never have the misfortune to employ an agent as thoroughly incompetent as mine.

"There are plenty of organisations willing to help tenants do this" - yes, if you have bottomless pockets to pay them. Unfortunately I don't so therefore I have to try to get any information I can on forums such as this.

by Andre Gysler

11:07 AM, 19th March 2015, About 7 years ago

Reply to the comment left by "James Pond" at "03/03/2015 - 16:27":


And yet you want to 'hit' the LL financially who WILL have financial commitments of his/her own.

Please remember 2 important things

1. The LL has not done anything wrong and so should not be made to suffer the consequences of your deliberate actions whilst targeting the LA and brushed off as merely unfortunate

2. It is the LL's property and you have been paying a RENT to stay there under an agreement which has run its course and is now rolling month to month. If the LL wants the property back for whatever reason, even if it is under the advice of the LA, that is his/her RIGHT as it is his/her possession at the end of the day

For all you know, the LL might wish to sell due to ill-health, bereavement or something equally unpleasant and your course of action would only add to that situation.

You have rightly suggested that other posters do not know your full story; likewise for you not knowing the LL's situation.

Surely a simple life is the way forward? The LL has requested the property back / tenancy to end (or the agent has suggested this;, you WILL need to move out, so for keeping life simple and less stressful why not find a new property to rent and work with people rather than against them?

Life is too short for wasting energy in a fight that has an inevitable outcome.


by Mark Alexander

16:28 PM, 28th November 2016, About 5 years ago

It might be too late but we now have details of a Deposit Protection Repair Kit written by Landlord Law expert Tessa Shepperson >>>

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