return of unprotected deposit and serving S8 and 21
Hi, in a fixed term AST from 2009, which became statutory periodic, landlord wants to serve S8/S21 on a tenant in rent arrears, but hasn't protected the deposit, and according to the Landlord's Deposit scheme, that the Council, landlord and tenant signed, the "Deposit is to indemnify the landlord against damage caused to property or content by the tenant. The Landlord is to return such part of the deposit as is not retained to cover damages caused to property. If the tenant is re-housed by the Council then this deposit should be returned to the Council. If the tenant voluntarily moves to alternative accommodation, without the assistance of the Council, then the Deposit should be returned to the tenant. SO IN ORDER TO SERVE a VALID S8 and S21, to whom should the deposit be returned?
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