STP, deposit protection and S21

SternMusik

I'm posting this on behalf of friends. They have been renting a house since January 2011, initially on a 1 year fixed term AST which has since rolled over to an STP. Their deposit was protected at the time (not sure which scheme though) and they received the protection certificate (which was valid for the duration of the fixed term) shortly after moving in. The deposit has not been re-protected after the tenancy rolled over to an STP.

The landlord has now served them notice to vacate the property (S21). The dates on it all seem fine. The question is now is the S21 valid given that the deposit hasn't been re-protected?

Also it was delivered by hand (pushed through letterbox) with no proof of receipt. Could they potentially argue that they've not received it?

(They are excellent tenants by the way. The S21 expires on Easter Sunday which is why they are quite keen to be able to stay a little longer.)

Lokolo

The deposit does not need to be re-protected. It has already been protected and will continue to be protected.

Yes they could argue they haven't recieved. But why not, instead of p****ing the LL off, negotiate with him to move out at a more convinient date?

SternMusik

Thanks. The reason I am asking is that I've found this on the mydeposits website:

http://www.mydeposits.co.uk/landlords/auto-unprotect/extend-to-spt

It says there that tenants must be given a new protection certificate within 30 days. My friends haven't received one.

Yes, I have suggested they negotiate with the landlord.

Lokolo

Hmmm strange, I am neither a T or LL, I only know what I read on here, so that is new to me! Maybe wait for one of the real residents to respond

theartfullodger

They should call Shelter's **free** helpline 0808 800 4444 - expect a wait with this overworked charity.

Was the deposit protected within 30 days of LL receiving it?? If not S21 invalid & tenants can sue for up to 3x deposit..

This
https://www.depositprotection.com/documents/superstrike-vs-rodrigues-guidance-on-implications.pdf
seems to indicate landlord perhaps may have needed to re-protect deposit & re-issue PI.

If this landlord failed to do so, silly landlord: The law is the law...

re..

Lokolo wrote: »

./.... But why not, instead of p****ing the LL off, negotiate with him to move out at a more convinient date?

So, is anyone suggesting perhaps landlords should not p*** off tenant and should thus perhaps not serve S21s in the 1st place??

Cheers!

pmlindyloo

It also says that if the change of status is not changed after the end of the fixed tenancy then the deposit will be closed and will no longer be protected.

QUOTE

If a deposit is protected and the tenant extends their agreement, what action needs to be taken?
A deposit will remain protected until the expiration of the tenancy period. Once this date is reached, the landlord/agent is required to update the status of the tenancy. If no action is taken before the tenancy end date, the deposit will be closed and will no longer be protected.

Perhaps the easiest thing to do in this particular case is to check whether the deposit is still protected. Link to do this:

http://england.shelter.org.uk/get_advice/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

BitterAndTwisted

If finding another property and moving out over the Easter Bank-Holiday weekend is not convenient a sensible tenant would indicate to their landlord that they will make plans to leave but cannot guarantee that it will be before the expiry of the S21 Notice. The landlord would not be able to formally acknowledge this as that would invalidate the S21. The only thing the LL would then be able to do , if they're not content to wait until the tenants give their own one rental-period's notice is to apply to the court for possession. Getting a court-date could take several months. Meanwhile the tenant should have had ample time to make alternative arrangements. Doing this could encourage the landlord to be as strict as they dare about proposing deductions from their deposit.

thesaint

SternMusik wrote: »

Also it was delivered by hand (pushed through letterbox) with no proof of receipt. Could they potentially argue that they've not received it?

(They are excellent tenants by the way. The S21 expires on Easter Sunday which is why they are quite keen to be able to stay a little longer.)

Are you asking whether we think they should lie?

Even if it is valid, a Sec 21 does not end the tenancy. They can serve their own notice, and move out on a date that suits them before or after Easter Sunday.

SternMusik

Thanks everyone, great advice. I'll pass it on to my friends.

gordonbennet

The reprotection of the deposit is just something that tenancy deposit schemes are advising following the "Superstrike" ruling. I don't think it's actually been tested in court yet so chances are the LL may be fine as long as the initial fixed term was covered.

But the point here is that your friends dont want to move out the exact moment the LL has requested. A properly worded s21 notice will state possession is required AFTER <date> anyway, not BY. So yes - negotiate with the LL. If he has to resort to court it will take a few more weeks anyway.

G_M

In June 2013 the Court of Appeal ruled (Superstrike vs Rodrigues) that deposits needed registering for each new tenancy. Since creation of a SPT following a fixed term was a new tenancy, re-registration is required.

It is believed that continued registration may be OK (based on a idea of theoretical return & re-payment of the deposit + re-registration) but this 'virtual' re-registration should be supported by re-issuing the Prescribed Information.

There has not yet been further testing in the courts of this, or of whether a S21 Notice would be considered by the courts to be invalid where re-registration and/or re-issuing of PI does not take place.

See


Prescribed Information (RLA links to various deposit schemes' documentation)

Re-issuing PI (when renewing a tenancy - Superstrike Vs Rodrigues - legal guidance)