UK Landlord Forum / Life

Hi, the fixed term of a 6 months tenancy has expires and the estatury periodic tenancy has been running for 4 months now. I sent T the PI within the first month of the periodic tenancy. Do I need to protect deposit yet again? or only if a new fixed tenancy had been entered into? Thanks,

Where is the deposit now?

Quote from: Riptide on September 30, 2014, 10:08:28 PM
Where is the deposit now?

Where it has always been; with the DPS. But I heard some one say it has to be reprotected whatever that means, I am not sure...

Yes you need to do it again, within 30 days of the tenancy becoming periodic.

Quote from: boboff on October 01, 2014, 06:21:04 AM
Yes you need to do it again, within 30 days of the tenancy becoming periodic.

How do you reprotect deposit (already with DPS Custodial Scheme from the beginning)?  Is there any point doing it 3 months into periodic tenancy? Will tenant find out if I reprotect because if he does that will become my Achiles weakness he could hurt in future?

He would find out because he has to be served with the Prescribed Information and he has to sign it.

Arguable point, but probably slightly better to serve it now rather than not bother.

It's a stupid law and it looks like it might change next year.

Quote from: Martha on October 01, 2014, 11:08:42 AM
He would find out because he has to be served with the Prescribed Information and he has to sign it.

Arguable point, but probably slightly better to serve it now rather than not bother.

It's a stupid law and it looks like it might change next year.

I served PI information to T within 30 days is that the same as reprotecting deposit?

From what I understand you need to server the same PI again (but dated accordingly) within 30 days of the contract changing to SPT.

Its completely stupid, but that the way case law is being interpreted at this time.

I don't think you need to protect the deposit again, just serve the PI again!

Quote from: propertyfag on October 01, 2014, 02:01:13 PM
I don't think you need to protect the deposit again, just serve the PI again!

Quote from: Martha on October 01, 2014, 12:17:12 PM
From what I understand you need to server the same PI again (but dated accordingly) within 30 days of the contract changing to SPT.

Its completely stupid, but that the way case law is being interpreted at this time.

Done that. Thanks,

When you issue the new PI did you make sure that it related entirely to the new tenancy?  If any part of it related to the former AST it can be kicked out.

Also because the DPS do not specifically cover Statutory Periodic Tenancies within their scheme but rather say they do it at their sole discretion you should write to ask them whether this specific tenancy is protected by the deposit they hold.  Then include a copy of their reply with your PI, otherwise the tenant may argue that they have not been informed whether their tenancy is protected, it might be or it might not be.

The other Deposit Takers DO mention Statutory Periodic in their Terms.

The deposit does not need to be removed and put back in, it is deemed as being paid according to the Superstrike ruling.  What matters is that the tenant is informed where it is and how they may access it.  You are best to include the easy to read leaflet from the DPS in addition to their terms and the DPS form for PI.

The reason for all of this is that the deposit is held for the performance of a contract, the AST, the SPT is a completely different contract and the deposit cannot be held against the perfomance of that contract unless at least informed that they have that obligation. 

Quote from: RickC on October 03, 2014, 05:10:26 PM
When you issue the new PI did you make sure that it related entirely to the new tenancy?  If any part of it related to the former AST it can be kicked out.

Also because the DPS do not specifically cover Statutory Periodic Tenancies within their scheme but rather say they do it at their sole discretion you should write to ask them whether this specific tenancy is protected by the deposit they hold.  Then include a copy of their reply with your PI, otherwise the tenant may argue that they have not been informed whether their tenancy is protected, it might be or it might not be.

The other Deposit Takers DO mention Statutory Periodic in their Terms.

The deposit does not need to be removed and put back in, it is deemed as being paid according to the Superstrike ruling.  What matters is that the tenant is informed where it is and how they may access it.  You are best to include the easy to read leaflet from the DPS in addition to their terms and the DPS form for PI.

The reason for all of this is that the deposit is held for the performance of a contract, the AST, the SPT is a completely different contract and the deposit cannot be held against the perfomance of that contract unless at least informed that they have that obligation.

Thanks Rickc. It sounds logic what you are saying, but rather too complicated for me to do. I shall just send a covering letter with a copy of the old PI telling T that their deposit is still there protected in the DPS in the same deposit number as before and to please sign and date a copy of my letter and return it to me in the enclosed self addressed envelope as proof the received it.

And if - just if - the Tenants don't bother to return it / claim they never received it... and if the time allowed passes? What will you do at that point?

Yes Hippo, I know you are right.

I was myself in that same situation you mention for 8 months with T promising to send confirmation but would not do it. Finally last week T sent me the signed letter which was a relief to me.

The problem is that you can post the new PI etc and obtain certificate of posting but that does not prove you sent the correct information to T; only proves you posted something.

Next time, if I do not receive reply within 2 weeks i shall go myself with a witness to T and deliver PI by hand and ask T to sign a copy of my original letter to him. If T refuses to sign there and then at least I would have a witness to the effect that I gave T documents. I should also serve on T a S21 on the spot. What about that?

Unless the relationship is strained, I'd always recommend a personal visit to get things signed. It is, after all, for the good of both parties. It is not intrusive... if you can do it at the same time as signing the AST / Inventory all the better, I guess.

Yes it would be better to go in person. But because this T is 40 miles away and came accross as a reasonable man I phoned him first to tell him that I was sending reissued PI with the letter and to sign and  return it. He agreed to sign but din't do so for long time. What they say and what they do are not always the same thing.

Absolutely.

But 40 miles is not really classed as long-distance. The Tenant might simply not understand, I don't know... but if you're there, with the paper and a pen, stood next to them, and there's no good reason for them not to sign... it's difficult for them to avoid. When it's a letter and there's all the stuff of life going on around you... it can easily get put on the back-burner, or completely forgotten about.

I would go.

I know you are right Hippo. I guess I am just looking for the lazy way to do things. I am never going to change at my age!

I have issued a section 21 to my tenant but he knows about the superstrike ruling chasing ne down the street with a video camera while he told me.He really is  the tenant from hell he is making my life and the neighbours life a nightmare he doesnt  pay rent .What can I do.

What is the current situation with this tenant? PM me if you wish