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Reissue of Prescribed Information

Started by Martha, February 11, 2015, 11:33:50 AM

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Martha

I have an 6 month AST which is approaching the point at which it will swicth to a periodic tenancy, and I am preparing to reissue the Prescribed Information to the tennant.

My plan is to reissue what I gave originally, but with the dates changed.

However,
whilst the new start date seems obvious, what should I put for an end date ?
should I include a covering letter with it, and if so are there any key points I need to mention?
Is there anything else I need to do.

Thanks.

Riptide


Nick

Is it mandatory to re-issue prescribed information on switching to periodic rolling or drawing up new contracts? Thanks.

Martha

Quote from: Nick on February 11, 2015, 12:45:29 PM
Is it mandatory to re-issue prescribed information on switching to periodic rolling or drawing up new contracts? Thanks.
It's the law

Martha

Quote from: Riptide on February 11, 2015, 12:18:07 PM
I've just looked at the one I use and there doesn't appear to be the need for dates?

http://www.depositprotection.com/documents/prescribed-information-template.pdf
Riptide thanks. You are right. There is just the date of the signature document.
How do you evidence that both party's copy of the reissue is related to to the switch to periodic - the date of the signature does not do this, it could just be a (very) late case of the AST PI.



Riptide

Quote from: Martha on February 11, 2015, 01:25:47 PM
Quote from: Riptide on February 11, 2015, 12:18:07 PM
I've just looked at the one I use and there doesn't appear to be the need for dates?

http://www.depositprotection.com/documents/prescribed-information-template.pdf
Riptide thanks. You are right. There is just the date of the signature document.
How do you evidence that both party's copy of the reissue is related to to the switch to periodic - the date of the signature does not do this, it could just be a (very) late case of the AST PI.

Well you'd have the original dated six months prior wouldn't you and the dates would tie up with the AST.  I think your over thinking it.

Martha

Quote from: Riptide on February 11, 2015, 02:07:16 PM
Quote from: Martha on February 11, 2015, 01:25:47 PM
Quote from: Riptide on February 11, 2015, 12:18:07 PM
I've just looked at the one I use and there doesn't appear to be the need for dates?

http://www.depositprotection.com/documents/prescribed-information-template.pdf
Riptide thanks. You are right. There is just the date of the signature document.
How do you evidence that both party's copy of the reissue is related to to the switch to periodic - the date of the signature does not do this, it could just be a (very) late case of the AST PI.


Well you'd have the original dated six months prior wouldn't you and the dates would tie up with the AST.  I think your over thinking it.

Thanks Riptide.

Nick

Quote from: Martha on February 11, 2015, 01:22:27 PM
Quote from: Nick on February 11, 2015, 12:45:29 PM
Is it mandatory to re-issue prescribed information on switching to periodic rolling or drawing up new contracts? Thanks.
It's the law

Ok thanks for that, I better do this when it's due.

Annabel

#8
in this subject.

after 4 years of fixt term TA, tenancy goes under periodic tenancy. If re submission of deposit and reissue of Prescribe Information is required and the original deposit wasn't protected properly in the first place (Prescribed information wasn't signed by both parties).

Does new Section 21 need to be issued or old one (handed 6 months earlier) is still valid?


Riptide

Don't know.  I save my section 21's for when the T has been naughty and needs a reminder of how they should behave.

Martha

OK I am back on this.  I started filling out the template and there is a bit which says

On [date]  a Deposit of £[deposit amount] was paid in respect of the tenancy for and including, if applicable, the Landlord's possessions listed in the "Inventory" for [address].

If I fill in that for the start of the periodic tenancy, as it stands, the T will have two bits of paper 6 months apart stating that he paid a deposit for each - i.e. it looks like he has paid two deposits.  There must be something different about the reissue to make it clear that this is a carry over of the original deposit.

Your thoughts please ?


Riptide

#11
What date did you get the deposit from the tenant for the tenancy?  Why would you put a date 6 months after the actual date you received it when you didn't get any money from them?  They've only paid it once, you've only received it once and there is only one deposit payment.  You have paperwork covering the original deposit paid, the PI for that etc etc.  If the scheme is queried, then it will show the original tenancy was from January the 1st, the deposit was protected on January the 1st and that it has remained in the scheme ever since.  The scheme will not show anything happening with the T's money around June.

Martha

Quote from: Riptide on February 24, 2015, 11:25:37 AM
What date did you get the deposit from the tenant for the tenancy?  Why would you put a date 6 months after the actual date you received it when you didn't get any money from them?  They've only paid it once, you've only received it once and there is only one deposit payment.  You have paperwork covering the original deposit paid, the PI for that etc etc.  If the scheme is queried, then it will show the original tenancy was from January the 1st, the deposit was protected on January the 1st and that it has remained in the scheme ever since.  The scheme will not show anything happening with the T's money around June.

It looks like the template I have has been derived from the DPS one, and is not the original.  Under section 7 the original states

7. Tenancy specific information
(a) Amount of
deposit paid. (insert amount of deposit paid; in the case of a joint tenancy it should be
the total amount paid)
£
...............................................

So I will just put the amount in there, and only date the signature.

Thanks for putting me straight (again).