Landlords wishing to evict their tenants using a section 21 notice must be aware of the creation of periodic tenancies, which can prevent section 21 notices from being valid.
Periodic tenancies automatically arise when the fixed term expires, and this technically creates a whole new tenancy.
Because of this, the deposit protection regulations apply anew, and as a landlord you must provide your tenant with the correct prescribed information under section 213 of the Housing Act 2004.
While it is prudent to get your tenant (and anyone else who may be paying the deposit) to sign this document, they do not have to. You must bring it to their attention, however.
By following these simple steps, any section 21 notices that you thereafter serve upon your tenant will be valid, subject of course to the s21 notice satisfying all other requirements
A failure to re-lodge the deposit and/or provide your tenant with the prescribed information can prevent you from obtaining possession of your property, and can even lead to a penalty of 1-3 times the value of the deposit.
To speak to one of our specialist landlord and tenant solicitors, please call 01753 486 777 today and we would be delighted to talk to you.
Amarjit Atwal, Trainee Solicitor