X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Deposit Protection

    Prescribed information

    Hey!

    I've been told that if the tenant didn't get this info from the DPS on moving in technically I am in breach of the deposit and must return it. Is this correct?

    Thanks in advance

    0
    0

    Its YOUR (Landlords) responsibility to provide the prescribed information within 30 days of receiving the deposit, otherwise your in breach of the regulations. Suggest you watch one of David Smiths videos on Deposit Protection.

    0
    0

    Hi,

    Yeah I messed up!. Don't know how I missed this. It's mad; the deposit is lodged and yet because a bit of paper isn't served is't all poop for the LL.

    I've got a tenant smashing the place up and doing self harm so losing x3 the deposit is a small price to pay for a s21 and her deposit returned.

    Sigh!; so many LL traps!

    Cheers

    0
    0

    This LL game is ALL about the paperwork.

    LL  need to follow the mantra I use in all other areas of life

    Paperwork first everything else second!

    0
    0

    I was going to use a company to serve the s21.

    they claimed without the correct dps paperwork they couldn’t . Suggesting the judge would request it . This is a new one on me ....

    0
    0

    Am I correct that serving a section 8 does not require the correct dps paperwork to exist ??

    0
    0

    You can serve a section 8 without the certificates but the tenant will then claim the 3x the deposit and so if your claim relies on rent arrears it will collapse. I would return the deposit and then serve an s8 or s21 (or probably both).

    I would also find someone else to serve it as the “company” you have spoken to should have been able to advise you of this.

    0
    0
    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Thanks

    no rent arrears issue .

    ill return the deposit ( risk x3 fine ) and go down the section 8 route .

    0
    0

    Whats slightly annoying is that due to different versions of what should be the correct way to serve notices I use:

    https://www.gov.uk/evicting-tenants/secti...-8-notices

    I assume the definite source!

    Yet it doesn't even mention any deposit procedure (you would assume as the government setup the DPS it would at least mention this....)

    0
    0