Deposit Found to be Unregistered by Deposit Protection Scheme

Tenancy Deposits

I attempted to register one of my tenants deposits (a modest £300) by sending off the full documentation and fee some six months ago.

I've now been advised that a letter of reply was sent to me advising me that my application had failed as I did not comply with the ring-fencing of the deposit. I never received this letter and had erroneously assumed that my tenant had been notified separately that the deposit was registered. Full details of the deposit scheme and its appeals process were issued and signed for by my tenant as required by Law.

This omission has come to light since my tenant was granted a periodic tenancy (after his completing a six month AST)and after arrears began to develop.

I now wish to rectify this omission and serve my tenant S8 and S21 notices as a precaution against further arrears developing.

My tenancy agreement specifies that the rent be paid five weeks in advance (in addition to the £300 deposit). It has been suggested to me that this five weeks advance rent also constitutes a de-facto deposit. Is this correct.

Please advise me.

TomD