Serving a S21 correctly

Landlord Discussion Legal
1

Following excellent advice received on an an earlier query, I’ve decided I need to serve a S21 Notice before the end of this month.

Our tenant was served with the prescribed information relating to his deposit in an earlier tenancy and that deposit was retained when he signed a new agreement. This earlier deposit is referenced in the new agreement which also identifies the approved deposit holder and the account no. where it’s held.

My question is: Can we rely on the prescribed information certificate we hold for the earlier tenancy? Or would it be safer to repay the deposit before serving the S21 so as to avoid any risk it will be deemed invalid?

Thanks.

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2

It should be fine, if its in an insurance backed deposit then you should check with the scheme. Custodial deposits are fine.

Use the s21 flowchart to check for any other issues.

This assumes that the new tenancy had no changes from the old apart from perhaps a rent increase.

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3

Many thanks David. Very helpful as always.

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