Section 21 Notices and deposits

Do you give your tenants a section 21 notice when they sign the tenancy agreement?   If so you could fall foul of the tenancy deposit protection requirements.

Some landlords I know get their tenant to sign the Tenancy Agreement and issue a section 21 notice at the same time - in theory there is nothing wrong with that.  However if you have taken a deposit, the requirements are that the deposit must be protected before the section 21 notice is issued. 

So if you give your tenant the tenancy agreement and section 21 notice and they hand over the deposit you haven't complied, which means that your section 21 notice is invalid.

To make sure you comply give your tenant the tenancy agreement, then take the deposit and protect it and then a couple of days later serve them with a section 21 notice.

If you require any advice about tenancy deposits or any other landlord issues please email me at propertyhawk@fidler.co.uk

Rebecca Brough
Fidler & Pepper

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