If you fail to do this – any section 21 notice you serve will be invalid. Plus the tenant can go to court and claim a penalty award. The Judge cannot refuse to award this and the penalty will be between 1 and 3x the deposit sum. Ouch!
So, what can you do if you find YOU have forgotten to protect YOUR tenant’s deposit?
Some years ago it became apparent that many landlords for one reason or another, were unaware of the tenancy deposit rules and their obligation to protect their tenants deposit in a scheme.
Sometimes they only found out after they had actually issued section 21 based court proceedings – which meant that their case would be dismissed by the Judge, for non compliance with the rules.
The landlord would then face long delays while the situation was rectified, a new section 21 notice served (which means giving notice of at least two months to the tenant) and fresh eviction proceedings started – which means serious delays in recovery of possession. Not good if your tenant is failing to pay rent.
In order to help landlords in this position I have developed this ‘Deposit Error Repair Kit’ (a silly name I know but it seems to work), which contains all the information a landlord needs to rectify the situation and allow him (or her) to evict their tenant under section 21.
It is a fairly comprehensive and if you follow it carefully you should experience no further problems – as regards issues relating to deposit protection and the section 21 rules anyway!
“Clear, practical guidance on what to do if you have not protected deposits correctly – and on how to comply fully with the regulations and save yourself trouble next time.”
Liz N, landlord
“Plain English informative course, helping us to keep our landlords up to date with changing regulations”
Sue Eden, Newgate Property Services
“I found the kit easy to use and very helpful. I found the examples Tessa used to illustrate the points of law particularly helpful. I now feel like I am informed and have confidence to proceed”
Gives you a plan to follow
Helps you, via the forms and checklists, so you don’t forget anything
Explains the law so you understand what you need to do, and
Tells you what you can and cannot do
All our content is hosted on a mobile responsive website, which allows you to read and study the kits easily, and watch videos on most devices, including smart-phones and tablets.
The only parts of the kits which are perhaps best dealt with on a laptop or desktop computer are the forms. However, the kit can easily be accessed, for example on your smart-phone, while travelling or waiting in a queue.
If you find the kit is unsuitable for you in any way – all you need to do is email us requesting a cancellation not later than 30 days after purchase, giving your reason why.
We will then cancel your purchase (and your access) and refund your money within 14 days.
Q: Tessa, Can you tell me a bit more about your credentials?
A: I qualified as a solicitor in 1990 and ran my own specialist landlord & tenant law firm, TJ Shepperson, for nearly 20 years. I closed this in 2013 to concentrate on Landlord Law and my training services. I am well respected in the industry.
Q: What if I can’t access the kit or if it does not work on my computer?
A: It should do, this is a standard WordPress website. However, if you have a problem check out our support section, and/or contact us. If the problems cannot be resolved, you can claim your money back under our guarantee.
Q: I am based in Wales, can I use the kit?
A: Yes the kit will be suitable for you. We point out when the rules are different in England and Wales.
Q: I am based in Scotland, can I use the kit?
A: No. The kit is written for rented properties in England or Wales UK only. Scotland has a different legal system, as does Northern Ireland.
Q: How long do I get access?
A: You get ‘lifetime’ access – this means that you will be able to use the kit as long as this kit is up and running on this website. Although we only guarantee a 12 months access – so if the site gets taken down for any reason during the first 12 months after purchase, you can claim a refund of a proportionate part your purchase price.
Q: I am a Landlord Law member – do I need the kit?
A: Landlord Law members will have access to a ‘step by step guide’ which covers some of the same material but in less detail. But if you have this problem, you may prefer to use this guide.
Q: Can I ask you questions about my particular issues?
A: The kit does not include any ‘one to one’ advice element. However, if you are a Landlord Law member you will be able to ask questions via our members’ forum.
Q: I prefer not to pay online – can I pay by BACS or cheque?
A: No. We only accept payment via our online system. However, you can elect to pay by either credit / debit card or pay pal.
Q: Can you guarantee that I will get my Court order if I get your kit?
A: I can’t absolutely guarantee this as litigation is inherently risky, and failure to protect the deposit is only one of the things that can go wrong.
However so far as the failure to protect the deposit issue is concerned, if that is the only issue, I am confident that if you follow the kit instructions, the Judge will grant your possession order. But if for some reason he (or she) does not – get in touch and I will refund your payment..
“Clear and concise. Better forwarned then the potential nightmare afterwards”
Marion Waldorf, Landlord