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Landlord notice question, didn't see where else to ask!
foolishboy
Posts: 321 Forumite
Morning all,
Looking to move tenant from property in order to refurb and sell, it's becoming a burden.
He's been there since Jan 2006, initially a 3 month term which has rolled on (considerably) until now. There is no deposit (friend of family and pre-scheme).
I'm reading that I need to serve a S21 but the gov.uk site says that it only applies for those with a deposit in the scheme, what do I need to serve if he's not?
Looking to give a leave date of Feb 1st 2017 so he has plenty of time to make arrangements where required.
Many thanks,
FB
Looking to move tenant from property in order to refurb and sell, it's becoming a burden.
He's been there since Jan 2006, initially a 3 month term which has rolled on (considerably) until now. There is no deposit (friend of family and pre-scheme).
I'm reading that I need to serve a S21 but the gov.uk site says that it only applies for those with a deposit in the scheme, what do I need to serve if he's not?
Looking to give a leave date of Feb 1st 2017 so he has plenty of time to make arrangements where required.
Many thanks,
FB
0
Comments
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What it means is that any deposit has to be in a scheme, not that there must be a deposit in a scheme.foolishboy wrote: »I'm reading that I need to serve a S21 but the gov.uk site says that it only applies for those with a deposit in the scheme, what do I need to serve if he's not?
So, no deposit? Nothing to put in a scheme - so no problem.
It's simply that unschemed deposits would bar the use of s21.0 -
What it means is that any deposit has to be in a scheme, not that there must be a deposit in a scheme.
So, no deposit? Nothing to put in a scheme - so no problem.
It's simply that unschemed deposits would bar the use of s21.
Understood .. so just plain s21, will ignore deposit talk.
Many thanks!
FB0 -
S21 Notice.
2 calender months
See:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?0 -
I just thought that I would add that the rule about putting deposits into a scheme only applies to tenancies which started after 6 April 2007.
If your tenant has been there since January 2006 then you don't need to worry about the deposit.0 -
S21 Notice.
2 calender months
See:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
Perfect, thanks!
..dont have any desire to make anyone move around Xmas so will be giving until end of Jan.0 -
Yes, kind-of...PersianCatLady wrote: »I just thought that I would add that the rule about putting deposits into a scheme only applies to tenancies which started after 6 April 2007..............
If a tenancy began before 06/04/07 but was then replaced in any shape or form by, say, a new, renewed, 6 or 12 month tenancy or rolled on into a month-by-month periodic tenancy then those will be "new" tenancy and if deposit protected & PI not served before s21 then s21 will be invalid.
Rules about the 3xdeposit suing are a little different, but similar.
Doncha love simple laws by the mother of parliament!0 -
I stand corrected, following the decision in Superstrike Ltd vs. Marino Rodrigues a LL now has to register any deposits taken before TDP was introduced in 2007.
I am still unclear as to whether the OP's tenant actually paid a deposit at all or if he did pay one and it was not protected.0 -
PersianCatLady wrote: »I stand corrected, following the decision in Superstrike Ltd vs. Marino Rodrigues a LL now has to register any deposits taken before TDP was introduced in 2007.
No, that case does not say anything of the sort.0 -
PersianCatLady wrote: »I stand corrected, following the decision in Superstrike Ltd vs. Marino Rodrigues a LL now has to register any deposits taken before TDP was introduced in 2007.
I am still unclear as to whether the OP's tenant actually paid a deposit at all or if he did pay one and it was not protected.
The OP says specifically "There is no deposit"0
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