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Tenant querying the new deposit scheme

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We have a tenant on a room only AST who happens to be a housing solicitor. He is querying the new Depositguard tenancy and addendum. He has detailed questions (enclosed). He also thinks he needs a new Section 21 agreement.
Can you answer these? Many thanks.

"Thank you for the addendum to our contract and prescribed information to be signed and returned.

I have several points to note and need your views before I sign the addendum.

At the date of signing of contract I was also presented with a section 21 notice to quit. This notice to quit was defective as my deposit was not placed in a government scheme until mid March.

It is my view that you are unable to rely on this notice previously served as it would remain defective, therefore any attempt to serve notice should be in the form of a new notice to quit.

To seek to do anything else would be to misrepresent the facts.

Additionally could you clarify whether section a7 still applies in the contract?

It states - 'you will not receive interest on the deposit unless it is paid into the governments custodial tenancy scheme, if it is paid into that scheme, you will receive any interest that may be due u see the scheme's terms and conditions...'

As the addendum then makes reference to the interest being 'not applicable', Under the new section b2."

03/04/2012 00:00

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