UK Landlord Forum / Life

Hi, My tenants are convinced that I'm holding their deposit illegally despite it being registered in the DPS (insured). They think because I have the money I'm in the wrong. I've provided a written receipt for the deposit, I've printed off some terms and conditions from the DPS web site and I've printed off the page which details the deposit, that is, deposit ID no., flat address, tenant details, my details, DPS address and phone no. and a flow chart showing sequence of events at the close of the tenancy.  They're still suggesting this isn't enough information. Not entirely sure what else im supposed to have told them. As I'm asking them to leave via a section 21 I think they are trying to say I haven't given them the right info so 21 will be invalid?

Do you think it is as simple as them not understanding there is a custodial and insured scheme available to Landlords?

Some people may easily think the generic "the deposit must be protected [and held by one of the schemes]" means you haven't done what you are supposed to do, in holding their deposit with the DPS. I think I could see how some people might think that.

I assume you've pointed them to http://www.depositprotection.com/about and told them you're using the second scheme the DPS offer?

If you've provided details of the deposit, the Prescribed Information, the Scheme Tenant Guide (I use Custodial myself) and the Ts&Cs I think you can rest easy that you've done all you're required to do... and let them continue to ask for more information, until they tell you what it is they're wanting, and you haven't provided, of course... I'm guessing they've not told you what it is they believe they're missing?

My one concern is I've not given them something that specifically calls itself 'prescribed information'. To be honest I don't know what this is. They have all my details, they have all the details of where the deposit is insured including the deposit id no, an address, a phone number, details of what to do if they unhappy etc., is the prescribed info something more? Is it a specific form? Apologies I suppose I should know all this!

Please see...

http://www.rla.org.uk/landlord/tenancy_deposits/tds-Documentation.shtml

"By failing to provide the prescribed information means that you are potentially liable as Landlord to a penalty of one to three times of the amount of deposit and in the meantime no valid Section 21 notice can be served."

Further down the page is the link to the Prescribed Information for the DPS.

http://www.depositprotection.com/documents/prescribed-information-template.pdf

Thanks for the link, much appreciated!  I've given them all that info but not on that form ( in fact I've probably given much more info ).  I'll fill that in too just to cover myself I think.  Thanks very much for your help.