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Landlord Legal Issues

Landlord & tenant lawyer Tessa Shepperson of www.landlordlaw.co.uk answers your questions

Q. When my tenant first moved in last year and paid their deposit, I duly protected it and served the prescribed information within the 30-day time limit. The fixed term has now ended and the tenant wants to stay in occupation. Do I need to re-protect the deposit and re-serve the prescribed information?

A. No, you do not need to do this. Under the Deregulation Act 2015 (which amends the original deposit legislation), provided you have properly protected the deposit and served the prescribed information, you do not need to do this again if the tenancy runs on as a periodic. Provided the deposit is still protected under the scheme used to protect it originally.

However, have a word with your scheme as their terms and conditions will probably require you to notify them if the tenants remain after the end of the fixed term, and you need to comply with any requirements they may have.

Q. When my tenants moved in last year I took a deposit from them. Unfortunately, I then had an accident, and the deposit did not get protected until after the 30-day deadline. The prescribed information was served on them when the deposit was protected, which was around two months after the money was received. I now want to serve a section 21 notice – what can I do? 

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