Holding deposit return before serving S21

Landlord Discussion Legal
1

We’re going through the paperwork before No Fault Eviction Process and realized that we miscalculated the holding deposit and took £12 more than the permitted equivalent of one week rent at the beginning of the tenancy (£150 instead of £138). We used it (with written tenant’s consent) as a part of protected deposit.

Do I understand it right that the whole holding deposit and not just £12 has to be repaid to the tenant? Does it have to come from Deposit Protection Scheme or we can just send T the money? I do understand that it has to be done prior to serving S21.
Thank you.

2

The fact that we took a few ponds over a week’s rent, makes it a prohibited deposit. However, does payming it into Deposit Protection Scheme as part of of deposit, sorts the matter out?

3

The Tenant Fees Act just requires that you correct any mistake you make and I doubt there would then be any consequence. What did you do with the rest of the holding deposit? Was it converted to rent?

4

All of it was put into Deposit Protection Scheme, with T’s written consent, saying that holding deposit may be used as a part of main deposit protected with DPS.

5

Then it should be no problem