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Deposit enough or not enough info?

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Author Topic: Deposit enough or not enough info?  (Read 53 times)
Posts: 44

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« on: January 11, 2021, 08:02:04 AM »

Hi all,

I have been looking re what information I provided my tenant re storing the deposit. 

I stored it on time and I sent a screenshot from the scheme that shows the below information:

URL of the scheme
deposit amount
deposit ID
my full name
date that I paid the deposit
My email address

I did not send any terms and conditions (was not aware of it, my bad). 

Can I be sued by the tenant? Can I send the T&Cs of the scheme now (it's been more than 30 days since the tenant was in the property)? How can I eliminate any risk of being sued?

Thanks all
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« Reply #1 on: January 11, 2021, 08:40:42 AM »

Bloody hell! This is not hard, the schemes try to lead you through what you need to do, by the nose. If you're getting it wrong now it must be because you're actively working against yourself. Each scheme will provide something called Prescribed Information which you should provide to the Tenant... prescribed because it includes everything you need to provide in a nicely laid-out way. What you have provided might cover some, or most or all of the information... but why wouldn't anyone with sense use what the scheme provides? I don't get it.

Yes, the Terms and Conditions of the particular scheme are required. This details to the Tenant how they go about things like a dispute etc.. As I say, each scheme tells you what you should be doing as you go through protecting a Deposit... they then will differ slightly (DPS is different to myDeposits) but you'll end up in the same place, possibly with a certificate PDF and a Terms and Conditions PDF. As we don't know what scheme you used (maybe your own scheme you just created?) all we can say is the scheme you used will have tried to help you out by providing assets which would include all you needed to provide... while you can provide almost all this information without using their assets, their Terms and Conditions need to be included (I believe I recall reading on one Certificate - "the terms and conditions must be attached" - or something like that.

Did you get too excited?

Once a date has passed a date has passed... sadly we cannot go back in time.
« Last Edit: January 11, 2021, 11:31:30 AM by Hippogriff »
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« Reply #2 on: January 11, 2021, 10:08:59 AM »

We can't suggest what need to be provided, in terms of terms and conditions or particular leaflet without knowing which exact scheme was used. In any case, the schemes all provide advice and template to landlords to help get it right.

Let's start with the first line of the requirement:

"(a) the name, address, telephone number, e-mail address and any fax number of the scheme administrator(1) of the authorised tenancy deposit scheme(2) applying to the deposit;"

I think I'll stop here......  :-X

Can I be sued by the tenant? Can I send the T&Cs of the scheme now (it's been more than 30 days since the tenant was in the property)? How can I eliminate any risk of being sued?

Yes. That won't be enough to meet the PI requirement. You can't.

Reduce any potential penalty award amount by doing it right now. You don't have to return the deposit since it was protected in time, but if you want to (in the future) have the ability to serve s21 notice, you need to provide the PI correctly.
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