UK Landlord Forum / Life

Hi all,

Apologies if this topic has already been covered elsewhere.

Yes, giving the tenant the Prescribed Information now will allow a s21 notice to be valid. It won't prevent a claim for a penalty for late service.

Use the name you've been given or use surname (previous name).

Thanks.

Quote from: leicester_boy on February 04, 2024, 09:35:49 AMThanks. What is the procedure for tenant for claiming penalty in relation to late service and how much is the possible penalty? Will this still be applicable even if the deposit was protected within 30 days?

Yes it will be applicable even though the deposit was protected within 30 days, although that would probably keep the penalty to a minimum. The possible scale is 1 to 3 times the deposit value (plus the return of the deposit).

The procedure for a tenant making a claim is twofold. They can make a claim though a court, which is actually quite complex and costs more than people expect. Alternatively, they can go to a no win no fee firm who will threaten to take you to court and "ask" you to settle for a large fee (based on their costs). Or, more likely, the tenant will do neither.

Many thanks for the detailed explanation.

Nothing. You can't make someone sign anything. They simply have to be offered the opportunity to sign.

Many thanks for the reply.

Hi all. I have served the 'Prescribed Information Form' and 'Terms and Conditions' document to the tenant and they have signed it, but I understand it still attracts the late penalty charge. Is it worth to return their deposit and they pay it back to me for me to deposit again (tenant is happy with this arrangement) and serve all documents to tenants within the 30 days period.

Will this have any negative effect on serving S21 notice?

Thanks

That would make no difference. Other than to make you look deeply suspicious to any judge in the future.

The s21 issue is now fixed (although the tenant seems to be quite reasonable, so that's hopefully academic) and nothing can fix the risk of a penalty, other than six years elapsing since the original deadline.

Also, out of courtesy, don't edit posts on forums if they've been replied to (unless you're simply fixing a spelling mistake). It makes the responses look a bit weird, answering unanswered questions, and means that other people can't learn from the content.

Many thanks for the response and apologies for editing earlier posts.

I was wondering if the 6 years commence from the start of the tenancy or first registering the deposit with DPS or from the date the prescribed information was served?

Cheers

The six years starts on the date that the Prescribed Information should have been served, so 30 days from the date the deposit was received (or possibly 30 days after the start of the tenancy).

Many thanks for the clarification