Deposits and section 21

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Philip
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We are trying to evict a tenant through the accelerated procedure. The tenant has solicitors who are arguing that at the time of service of notice the tenants deposit was not protected and that they had not been notified of details of the protected deposit once it was protected.

The house was originally let by another agent who lodged the deposit with the 'Tenancy Deposit Scheme' and put all the relevant details of the scheme in the tenancy agreement. For some reason they then transferred the money out of this scheme and into 'Mydeposits' scheme. It seems that firstly there was a time lapse from when it was out of one scheme into the other during which time we served the s21 notice, and also that they may not have notified the tenant once they had transferred the deposit into the new scheme.

Can you advise what our legal position is?

07/02/2011 00:00

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