Section 21 still an option?

Landlord Discussion Legal
1

Hi all,

My father has a rental property with a long term tenant. The tenant has refused. I have recently got involved and it appears that the letting agent refunded the deposit to the tenant last year on the basis he would then leave the property. He has not left but has continued to pay the rent however the deposit is no longer held in a DPS.
Can we still serve a section 21?

Thanks

2

Yes absolutely. Deposit is refunded, so is not a problem.

If you’re not sure how the whole process works, consult an eviction specialist

3

Hi @Paz,

We have some guidance on how you can serve a Section 21 to tenants here:

We also offer a notice serving tool.

Note that where a deposit is not being held you are not protected from any issues, such as damages to the property, so recouping the deposit or serving notice to the tenant would be a good idea here.

1 Like
4

your father must have agreed to a deposit refund?

5

He is getting on in years and vaguely recalls the conversation so I am working on the basis that he did agree to it being returned assuming that tenant would then vacate.

6

Deposit should never be released until after tenant gone . Many tenants lie lie lie. Agent should have known better

7

I agree they should not have released the deposit. Where does it leave us in terms of eviction and serving a section 21?

8

You can still evict note above openrent post

1 Like