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Original tenancy agreement deposit not protected

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Author Topic: Original tenancy agreement deposit not protected  (Read 114 times)
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« on: January 03, 2021, 11:02:05 PM »

Hello all, i'm looking for some advice from seasoned landlords that may know whether or not i need to be worried about the following:
I've got a rental property which i've let out to the same family for almost 8 years. 
When it was first let to them in April 2013 the agency i used asked if i wanted to hold the deposit or protect it.  I rather stupidly said i'd keep hold of it, not knowing the rules. 

Fast forward to Feb 2020 and i decide to take on the property management myself, as i thought i knew the tenant well.  I provided tenant with new AST for 6 months, protecting the original deposit that was given to me back in 2013 within 30 days of the start of new tenancy (Feb 2020).
When i gave the contract to the tenant, i also provided him with the prescribed info in hard copy which he signed as part of the contract documents.  I believe i also gave him a leaflet titled 'what is the tenancy deposit scheme' but i don't have proof (he didnt need to sign that so didnt send it baCk to me).

As i hoped to sell the property, I've issued tenant with Section 21 back in October, and this will almost certainly go to court as he wants it to, in order to get the local authority to assist him with a property. 

Prior to sending Section 21 i issued tenant with all gas safety certs, EPC certificate, How to Rent Guide and Prescribed information re deposit, to be on the safe side.
This was done via email as well as post. 

I am worried that the deposit not being protected back in 2013 could cause an issue for me.
I believe the time to claim a deposit not being adequately protected is 6 years, but could my section 21 still be rendered invalid?

Also, i would hate this to get to April 2021 (when tenant must leave by) and find that when this actually gets to court months later, there is some other technicality i've fell down on.

Thanks in advance

« Last Edit: January 04, 2021, 12:39:11 AM by Shak »
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« Reply #1 on: January 04, 2021, 01:23:25 AM »

For the issues you've mentioned, you're fine.

Other consideration, correct Form 6A (am assuming England), correct minimum length of notice, selective licensing if one is required for your area, and amount of deposit held is not too much (Tenant Fees Act 2019).
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« Reply #2 on: January 04, 2021, 12:37:03 PM »

There was a fixed term AST issued 8 years ago... and a new AST in Feb 2020 for 6 months... but I was wondering whether it was renewed annually in the years between?
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« Reply #3 on: January 04, 2021, 08:06:26 PM »

There was a fixed term AST issued 8 years ago... and a new AST in Feb 2020 for 6 months... but I was wondering whether it was renewed annually in the years between?

Hi, thanks for your replies and help, massively appreciated. 
There were never any annually renewed contracts, just the original 6 month AST in April 2013, then a new AST in Feb 2020, also 6 months. 
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« Reply #4 on: January 04, 2021, 08:13:14 PM »

For the issues you've mentioned, you're fine.

Other consideration, correct Form 6A (am assuming England), correct minimum length of notice, selective licensing if one is required for your area, and amount of deposit held is not too much (Tenant Fees Act 2019).

I gave 6 months notice, sent via first class post on 20th Oct, with a request to leave property by 25th April 2021. 
Deposit is 550, so not a lot!
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« Reply #5 on: January 04, 2021, 09:27:22 PM »

I gave 6 months notice, sent via first class post on 20th Oct, with a request to leave property by 25th April 2021.

On Form 6A? And if so, you can see the wording is not "by" but "after", since notice doesn't end tenancy. It's essentially a notice that after the date specified, the landlord can go to court to apply for an order for possession if tenant haven't left after agreeing a surrender with the landlord or serving their own notice to quit.

Deposit is 550, so not a lot!

It's not so much the exact amount as the number of weeks rent that equals to. The limit is 5 weeks rent.
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« Reply #6 on: January 04, 2021, 11:53:37 PM »

I gave 6 months notice, sent via first class post on 20th Oct, with a request to leave property by 25th April 2021.

On Form 6A? And if so, you can see the wording is not "by" but "after", since notice doesn't end tenancy. It's essentially a notice that after the date specified, the landlord can go to court to apply for an order for possession if tenant haven't left after agreeing a surrender with the landlord or serving their own notice to quit.

Deposit is 550, so not a lot!

It's not so much the exact amount as the number of weeks rent that equals to. The limit is 5 weeks rent.

Yes, the form was 6A. 
The current rent is 575 pcm, but the deposit was taken back in 2013 and equal to one month's rent. I've only increased the rent by 25 in 8 years, probably a reason why tenant doesn't want to leave!
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