Section 21 Validity if Protected Deposit is Incorrect by a Few Pence

seanfos

Following on from https://forums.moneysavingexpert.com/discussion/comment/78969692, we are temporarily renting and have just been served notice towards the end of our fixed term. I am following advice to ensure that the Section 21 notice is valid and see that one of the requirements is that the deposit is protected with a valid scheme. Our deposit was, but was incorrectly registered as 2p less than what we actually paid. I have on numerous occasions asked for this to be corrected to ensure accuracy but was fobbed off by the agent until the point where I eventually said to forget about it. Now that we have been served the S21 is this error enough to invalidate it or does the fact that the deposit was protected and the difference so small make this irrelevant?

Many thanks

Sean

TheJP

It could be grounds to challenge but I would say this could be ruled an administration error due to the difference being so small, the fact that they have protected your deposit may rule in the LL favour.

canaldumidi

You could certainly challange the validity of the S21 on the grounds that 2p was not protected as required by the Housing Act.

The judge might take a strict view that not all the deposit was protected, and rule against the S21.

However I agree with TheJP that many (most?) judges would regard this as an administratve error, & that the LL clearly intended to protect the deposit, and would allow the S21.

saajan_12

seanfos said:

Following on from https://forums.moneysavingexpert.com/discussion/comment/78969692, we are temporarily renting and have just been served notice towards the end of our fixed term. I am following advice to ensure that the Section 21 notice is valid and see that one of the requirements is that the deposit is protected with a valid scheme. Our deposit was, but was incorrectly registered as 2p less than what we actually paid. I have on numerous occasions asked for this to be corrected to ensure accuracy but was fobbed off by the agent until the point where I eventually said to forget about it. Now that we have been served the S21 is this error enough to invalidate it or does the fact that the deposit was protected and the difference so small make this irrelevant?

Many thanks

Sean

Is it 2p higher or lower than the actual deposit you paid?
Ultimately up to a court but I'd expect it would be treated as a typo and make no impact on the S21 validity or protection penalites. 

seanfos

Thank you both. I am going to discuss the whole notice and timings with the agent anyway, so will just keep this in my mind as something to raise if I am not happy with how they are dealing with me

Sean

TheJP

seanfos said:

Thank you both. I am going to discuss the whole notice and timings with the agent anyway, so will just keep this in my mind as something to raise if I am not happy with how they are dealing with me

Sean

You could play hard and fast and reference the error and state that you would be willing not to challenge it for an agreed date to stay?

seanfos

saajan_12 said:

Is it 2p higher or lower than the actual deposit you paid?
Ultimately up to a court but I'd expect it would be treated as a typo and make no impact on the S21 validity or protection penalites. 

Sorry, you must have posted whilst I was typing my earlier reply so just saw this. It is 2p lower. If I raised this, I would argue that I repeatedly asked for this to be corrected so they were aware of the mistake. They initially advised it would be amended 30 days after the deposit was first protected and then eventually told me they would not take any action for this

TheJP said:

You could play hard and fast and reference the error and state that you would be willing not to challenge it for an agreed date to stay?

This is the plan, though I will first just discuss our situation and ask for a more suitable leaving date and go from there

Sean

saajan_12

Yes, understand your argument, and they could have made it perfect. That doesn't mean the imperfection is enough to be treated any differently to a typo in other contracts etc. However no one can answer definitively until there's some case law or you go in front of a judge. 

All I can say is let us know how you get on! 

[Deleted User]

Unless you establish another ground for the notice to be invalidated, I doubt the agent will feel put on the back foot over your 2p trump card. Is there actually another ground on which notice might be valid?

Perhaps its not your personal concern but in general landlords who protect deposits thereby acting lawfully, should not be penalised over trivial errors.

theartfullodger

It's up to the judge.

I guess you'd also be able to challenge if the amount was over by woteva...