Here is a question to the blog clinic from Sandra (not her real name) who is a tenant
I have been renting the same property for over ten years. My deposit was not protected as my AST began before April 2007. The fixed term of my tenancy ended and it became a statutory periodic tenancy, again this was previous to April 2007.
My landlord has now issued a section 21; with the recent changes in legislation regarding protection of deposits will this render the section 21 notice invalid?
At the moment, if the tenancy deposit was paid before April 2007 AND the fixed term ended before April 2007 AND the landlord has not given you any new fixed term agreements, he is compliant with the legislation.
So I am afraid the section 21 notice served on you will be valid.
However there are new regulations pending although I do not know when they will be coming into force. I understand that under those new regulations, ALL tenancy deposits will need to be protected, including those paid before April 2007.
NOTE – this situation is now changed by the case of Charalambou v. Ng which was not published at the time this post was written. At the time of writing this the s21 notice will not now be valid.