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Further restrictions on serving a Section 21 Notice – Tenancy Deposit Scheme providers

Landlords should be aware of a recent Central London County Court decision made in relation to serving a valid s21 Notice.

Section 215(1A) Housing Act 2004 provides that a s21 notice may not be given when a deposit was paid on or after 6 April 2007 and the landlord has not complied with the “initial requirements” of an authorised tenancy deposit scheme.

In this case, the initial requirements of the tenancy deposit scheme provider, MyDeposits, state that the landlord must provide the tenant with the prescribed information as part of the initial requirement of that scheme.

The prescribed information being as follows:

  1. An Energy Performance Certificate; and
  2. A Gas Safety Certificate; and
  3. The document entitled “How to rent: the checklist for renting in England and Wales”.

Failing to comply with the initial requirements of a tenancy deposit scheme within 30 days of receiving the deposit meant that when the landlord came to serve the s21 Notice, he had to return the tenant’s deposit before the s21 Notice could be served.

It is therefore important that landlords are checking the terms of tenancy deposit schemes when arranging new tenancy agreements. This will prevent having to return a tenant’s deposit when serving a s21 Notice, where there is a dispute in relation to the deposit.

If you would like more information contact our litigation team on 01908 692769 or email hdeacon@geoffreyleaver.com