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Landlord notice question, didn't see where else to ask!

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

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    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?
    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.
  • AdrianC wrote: »
    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!
    FB
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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?
  • 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.
  • foolishboy
    foolishboy Posts: 321 Forumite
    G_M wrote: »
    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.
  • theartfullodger
    theartfullodger Posts: 15,988 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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..............
    Yes, kind-of...

    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!
  • 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.
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    edited 3 October 2016 at 7:26PM
    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.
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    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"
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    vuvuzela wrote: »
    The OP says specifically "There is no deposit"
    ...any more.

    There used to be a deposit, but at some point in the past - between 2004 and now, but we don't know when - the deposit was used in lieu of rent.
This discussion has been closed.
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