DPS Certificate help

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    DPS Certificate help

    I am the agent. Can I give the DPS certificate to the landlord? The landlord intends on providing it for his solicitor as he needs it to exchange on the property. Is this ok as it has repayment ID on it?

    My colleague is saying we can't because of the repayment ID being on it but if the landlord were to register the deposit themselves then they would have this certificate...

    Many thanks in advance!

    #2
    What does the agreement or terms & conditions between you & landlord say about sharing such data?

    I guess you could provide a copy with such details as the payment ID redacted...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      What is the basis for thinking that you can withhold anything from your principal?

      Comment


        #4
        Not only should you give it to the landlord, but you must do so. It is his information and certificate not yours. The repayment ID is also his, not yours, and you can never use the repayment ID in the face of him asking you not to do so irrespective of your desires.

        Comment


          #5
          This is the very idiotic thinking from agents that has made me decide that I want agents to only find a tenant for me and then keep well away from everything else after that. Some agents can't even do that properly.
          Any advice I give is my opinion and experience, I am as you also learning.

          Comment


            #6
            There are a lot of rogue landlords that make legal mistakes then decide to come running to agents for help because they don't know how to get them out of positions they get themselves into. There is a reason for management agencies.

            Comment


              #7
              I know it's not a legal requirement to give it to a landlord as I am ARLA qualified. It was just a simple quick check because my manager does not usually allow this.

              Comment


                #8
                Originally posted by RW16 View Post
                I know it's not a legal requirement to give it to a landlord as I am ARLA qualified. It was just a simple quick check because my manager does not usually allow this.
                Um... the whole upshot of this thread is that it *is* a requirement that you give it to the landlord. Your ARLA qualification is irrelevant to this. Your manager doesn't know what they are doing.

                Comment


                  #9
                  The letting agent is the landlord's agent.
                  Unless the agency agreement specifically precludes giving this information to the landlord, I don't see on what basis you can refuse the request.

                  What is it about the repayment ID that your colleague thinks is special?
                  The landlord might use it to process the deposit repayment or retention (which you would otherwise have to do for them)?
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Originally posted by RW16 View Post
                    I know it's not a legal requirement to give it to a landlord as I am ARLA qualified. It was just a simple quick check because my manager does not usually allow this.
                    Having read your other thread on repairs, I am starting to wonder what this "ARLA qualification" actually involves.

                    Comment


                      #11
                      I've just read the syllabus for the Basic ARLA course and the next level NFoPP Level 3 Technical Award in Residential Letting & Property Management - England & Wales.
                      Both include references to common law and agency.

                      I'm not about to fork out for the course materials because I think I might become depressed.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X