Deposit Reprotection

Landlord Discussion Legal
1

Good afternoon

I’m hoping that someone may be able to give me some advice.

I have a tenant, who has been in my house since 2010. When I initially did the AST i put the deposit into the DPS scheme, served EPC etc.

In 2019, i decided to increase the rent slightly, so issued a new AST. When issuing i gave them the EPC, Elec certificate, Gas certificate and the how to rent booklet. However, I wasn’t aware that i needed to re-protect the DPS scheme, so the certificate i currently have is still from 2010.

I have just issued a S.21 notice, as i am going to be selling the property. (Giving them about 2.5 months notice to leave)

From reading online, it appears that my notice is valid, my question is will there be any problems if i have to go to court for a possession order.

If so, is there anything i can do now to try and help the situation (maybe re-protect today and reissue S.21)

I hope that all makes sense

Thanks

Matt

2

If the deposit is in a custodial scheme then there is no requirement to re-protect the deposit. However, if it was in an insured scheme, there may have been a requirement to re-insure it. You should check with the scheme.

If the deposit is uninsured, you would need to refund it to the tenant and then re-serve the s21 notice.