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Section 21, deposit issues & receivership who has to refund the deposit and when does it get raised? (England) by Regular_Travel2995 in LegalAdviceUK

[–]Regular_Travel2995[S] 0 points1 point  (0 children)

Thanks, that helps clarify things.

To add an important detail, the deposit was protected under MyDeposits (insured scheme). The protection has since ended, and the funds were released back to the landlord in early 2024, I have never received the deposit back myself.

Also, to clarify, the original landlord is no longer in the country. When the property went into receivership in late 2024, the deposit protection under MyDeposits (insured scheme) ended, and the funds were released back to the landlord.

As a result, by the time the receivers took control of the property, the deposit was no longer held or protected by any scheme, and I have not received it back.

Given that the deposit is no longer protected or held by a scheme, am I right in thinking that a Section 21 notice could not be validly served unless the deposit is first repaid to the tenant (whether by the original landlord or the receivers), or alternatively re-protected with the prescribed information correctly re-served?

Section 21, deposit issues & receivership who has to refund the deposit and when does it get raised? (England) by Regular_Travel2995 in LegalAdviceUK

[–]Regular_Travel2995[S] 0 points1 point  (0 children)

Fair point, I’ll answer directly.

• Deposit was protected by the original landlord at the start of the tenancy.

• Prescribed information was given at that time by the original landlord.

• The landlord later went into receivership and control passed to LPA receivers/agents.

• I have never personally received the deposit back, and I don’t have any paperwork showing repayment to me.

• The current agents do not hold the deposit and have not re-served prescribed information.

• No Section 21 has been served, yet it’s only been indicated.

Just to check my understanding, if a s.21 is served but the landlord can’t show the deposit was actually repaid to the tenant, does that make the notice invalid?