mydeposits paragraphs G (vi) & (vii) & (bb)
Possession - Section 8 and Section 21

0 Thanks
4 Posts
1 month ago

I am collecting together the relevant documents to send a tenant before serving a section 21. (I supplied  them to the tenant previously by email but the NRLA helpline says to send them the hard copies by recorded post, as there is nothing in the original AST regarding emailing of documents)

I have previously emailed the tenant the mydeposits Deposit Protection Certificate but have just learned from Burnley's post here -

- that this alone is not sufficient, and a SECOND certificate is required!

1. Is that correct? Will not supplying the second certificate invalidate the Section 21?

2. Could someone give me some guidance as to what the second certificate that addresses the red text should look like? Is there a template somewhere?

  • What title do I give it?
  • I'll recap the paragraphs highlighted by the red text below:
  • Paragraph (g) The following information in connection with the tenancy in respect of which the deposit has been paid:
  • (vi): the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy; 
  • This is already in the AST, do I need to state it all again in the certificate?
  • (vii) confirmation (in the form of a certificate signed by the landlord) that - (aa) the information he provides under this sub-paragraph is accurate to the best of his knowledge and belief;
  • Under which sub-paragraph, G or G (vi) orG (vii)?
  • What information am I supplying here? If I have already stated in the AST the deposit return details, am I simply re-stating the deposit return details from AST and saying these are "accurate to the best of his knowledge and belief"?
  • (bb): he has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of his knowledge and belief.
  • I do not understand what this means. If I am giving them the Deposit Protection Certificate, signed by me, with a space for them to sign, haven't I already done this? How does giving "the tenant the opportunity to sign any document" manifest itself in a second certificate?






Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.