If a Landlord has not protected the tenant's deposit and he serves a Section 21 Notice, the Notice will be considered to be invalid
If the Landlord has protected the deposit within the 30 days period but has not served the prescribed information, the Landlord can serve the prescribed information late which will allow him to serve the Section 21 Notice however the Tenant can still make a claim against him.
If the landlord has not protected the deposit at all there are three things that a Landlord can do:-
1. Return the deposit in full immediately
2. Agree with the tenant what deduction should be made in respect of damage etc to property (if a tenancy is ongoing this might be in impractical solution)
3. If they have already been sued then the Court will make the appropriate order or the Landlord can return the deposit and provide a monetary sum in full and final settlement of the claim, however if this is done outside the Court's jurisdiction the Landlord needs to ensure that such an agreement is documented and signed
The above relates to all tenancy created after the 6th April 2012
This published article may contain information of general interest about current legal issues, but does not give legal advice