UK Landlord Forum / Life

I've just had some advice regards serving a S21. Ive been told that I would of needed to have given the tenant this form? I have no recollection and I guess neither would she. What are the consequences?

Did you actually protect the deposit but just can't recall handing over the details as part of the Prescribed Information?

The consequences are you can't serve a valid Section 21 until you've given the tenant the Prescribed Information, i.e. details of where the deposit is protected, and a copy of the Government's How To Rent guide. You're also liable to a penalty of 1-3 times the deposit for each tenancy if the tenant decides to sue you.

Does the property have gas and, if so, did you provide a copy of the gas safety certificate?

Sue me? For what? I actually haven't done anything

When you say you haven't done anything, do you mean you haven't taken a deposit?

You do understand that there's been a legal requirement to protect any security deposit taken in respect of an AST for well over a decade now?

https://www.propertyinvestmentproject.co.uk/blog/tenancy-deposit-protection-easy-guide

Yes that right. I haven't taken the deposit! It's still sitting there.

Quote from: Blueridgehotel on September 09, 2019, 12:43:28 PM
Yes that right. I haven't taken the deposit! It's still sitting there.

Sitting where? Did your tenant pay you a deposit or not?

Sitting where? Did you actually take a deposit ? Did you put it into one of the deposit protection schemes? Or did you just bank it and do nothing else? Really hope it was not the latter,you could be in for a lot of bother.You don't make yourself very clear,it is hard to sum up the nature of your problem.

Apologies for being vague. Yes it is in DPS. I have not touched it. At the time of receiving it I gave a letter acknowledging that I had received  the deposit along with the 1st month rent. After speaking with a solicitor today i was asked did I forward those details on to the tenant at the time? This I cannot remember. That's my question. Will it be something that could arise?

If you didn't provide the Prescribed Information within 30 days of receiving the deposit then you'd still be liable for a penalty. It's harsh in some ways but that's what the law says.

I dare say if you think hard enough at this point you'll remember handing over the prescribed information. It's not your fault if the tenant has lost it since then!

As a matter of courtesy, you can give your tenant another copy before you serve the Section 21, so there can't be any argument over its validity.

Again thanks for the reply. What exactly is prescribed information? Is is currently is DPS. What donI wed to forward on.

Thanks

Matt

If it's with the DPS, have a shufty at: https://www.depositprotection.com/im-a-landlord/starting-a-tenancy/ive-protected-a-deposit-what-next/prescribed-information/

You'll want to include the How to Rent guide as well: https://www.gov.uk/government/publications/how-to-rent

In your covering letter you can explain that you're providing copies in case the tenant can't find the originals.

Is your tenant expecting the S21 or is it going to be a nasty surprise?

Is this the same tenant as your other thread, in which case, why not ask her to surrender the tenancy so that she's off the hook for the rent faster?

Yes Simon. It's the same tenants. I'm really not sure what's going on. My gut feeling is now he has gone to the council to be rehomed they will advise him simply to stay put. The female wanted to stay but will not go back as he is still there. The new rent is due on the 18th and I just think she just won't bother paying if she's not actually living there. He's unlikely to pay as he is useless. Then it's likely months of no Landlord income which could potentially put me under. If I could get him out it would be easier as I think she is easier to deal with and has more to lose. He's said he will move out on the 17th. If he doesn't I think it's game over!

Yes, the council will probably leave no stone unturned tin their attempts to get your Section 21 declared invalid. If Alice surrenders the tenancy, though, they've got nothing to work with, plus it saves you a month and gives you more financial leverage to get Bob out. You can then start a new tenancy with Alice if she still wants to live there once he's gone and you've changed the locks - assuming you know a half-decent locksmith! 

As luck has it I am one. However not sure I am half decent!!

What do I legally need from Alice to surrender her agreement? Will a written letter suffice?

Yes, there's an example about halfway down the page here: https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy

Just make sure the dates are right and write to both Alice and Bob acknowledging that you've received it.