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Is my S21 valid?

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Can you please help, my wife has a house that her ex-husband he was renting out and he took the deposit he has since moved to Scotland my wife had no involvement in renting the property, we have now taken over the house from him, we want to move in to the house but it has a tenant still in there can we use a s21 we haven’t had a deposit from the tenant or my wife’s ex-husband.
We have offered to pay her deposit back if she moves out at the end of the two months’ notice.

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