where to start for section 21?

propertyrental

marmaruser said:

Thanks for the feedback, 

1. I can confirm gas certificate is obtained now and valid for 1 year from now. Also confirm out of last 4 years, 3 years gas certificate is available (missing period is 9 months)
2. Is it better to deposit the money now or just return full to them? if i am returning should i just send in bank transfer?
3. Fixed term is over and the tenancy goes rolling monthly with following wording in agreement  "If the Landlord allows the Tenant to remain in the Property after the Term has expired then a statutory periodic tenancy shall arise on a monthly basis "

I am trying to untangle the knots one by one.

1. was there a valid gas certificate on the day the tenancy started? If yes, did you give the T a copy at th time? If you did not, have you given the T a coy of that certificate since?

And you say there is now a current certificate? Has the T received a copy of this?

If the T has received copies of both on the date the S21 Notice is served, I believe the S21 would be valid. However read the court decisions referred to in the link  gave you earlier and copied again below.

2 No. Since you did not protect the deposit within the 30 day deadline, the only way a S21 can be valid is to return the deposit, either in full or less any agreed deductions. Bank transfer is fine though I would also send a letter explaining what you are doing (otherwise the T will have no idea what this credit to their account is for).
3.OK so it's now a Monthly Statutory Periodic AST. Your S21 must give 2 calander months notice from date of service, using form 6a.

Have you checked all 88 questions particularly 12 and 13?
S21 checklist (Is a S21 valid?)