Slightly unusual one, with regards to tenancy deposit protection.
My deposit protection start/ “beginning on” date on the TDS certificate is set at 36 days after my tenancy actually began- ie 36 days later than the start date of my contract.
However, the registration date is set earlier, after 18 days of receipt of the deposit.
It seems to me the deposit was registered within 30 days, but not protected within 30 days, due to incorrect post-dating of the “beginning on” date?
Is there any legal implication/ precedent differentiating deposit protection scheme start dates versus registration dates, and would errors such as this have any implications in terms of section 21 validity?
On the phone they seemed to think deposits are protected at registration, although seemed somewhat unsure; and if that is the case it seems to make the “beginning from” section obsolete.
Interestingly, it now transpires the landlord has changed the property into their child’s name as the new landlord about 10 months ago- with no notice of change of landlord (section 3) served, and no update to the deposit scheme info, and no re issue of prescribed information with new landlord details…
We are hoping to stay for a month after our contract expires as completing on a house purchase- they informed us we’ll get a section 21 as they want us out to make house an HMO student moneyfarm, so hopefully these failings act as leverage for a compromise and one month extension.
The s21 doesnt end your tenancy. Its just a pre-requisite to a court order. It would take several more months for the landlord to get that and your tenancy continues as normal during that period. The landlord cant force you out. You will need to serve your own notice when you know youre leaving.