prescribed information

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    prescribed information

    From what date was it a requirement to give tenants the prescribed information and deposit terms and conditions?
    Mrs Dingle

    There's a reason section 21 flow chart by Giles Peaker and Mark Prichard runs to many pages long... It's a lot easier for you to state your situation, than someone having to answer a general question.

    A seperate tenancy occurs whenever you agree a new fixed term, extension or renewal of such, or a statutory periodic tenancy arise pursuant to s5 of the Housing Act 1988. If a tenant has had multiple tenancy and the deposit is still held by the landlord over those multiple tenancies, then the deposit is deemed to have been returned at the end of the old tenancy and immediately repaid for the new tenancy.
    • Deposit taken for a tenancy that started before 6 April 2007, and is continuing. No deposit penalty as taken before regulation in force, but need to be protected and PI served before s21 possible.
    • Deposit taken for a tenancy before 6 April 2007, SPT on or after that date and continuing, deposit protection & PI by 23 June 2015.
    • Deposit taken for a tenancy between 6 April 2007 and 5 April 2012, deposit protection & PI within 14 days. Second shot at protection & PI for ongoing tenancy by 5 May 2012 from Localism Act.
    • Deposit taken from 6 April 2012, within 30 days. Deemed to be in compliance for a replacement tenancy if it was protected & PI served for earlier tenancy (even if late) and deposit continued to be held in accordance of the same authorised scheme.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.


      So the PI and terms and conditions need to be given to a new tenant. Tenancy start date 10-10-2014?
      Mrs Dingle


        Are you proposing a new (additional) tenant or a replacement tenant on the same, existing, continuing tenancy? If so, strongly suggest end current tenancy (deed of surrender) and create a new tenancy, ensuring it reflects the new laws brought in over last 3+ years
        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...


          The tenancy started on 10-10-2014. The deposit was protected on that day with the dps and terms and conditions given. I can only find a copy of the prescribed info form which is signed by the tenant. I think the tenant may have the original. Will this be a problem in the future?
          Mrs Dingle


            If you have a copy of a form signed by the tenant, you are probably be OK.
            The requirement is to serve the documents to the tenant within 30 days and give them the opportunity to sign them.

            Having evidence you did this and that they signed them is probably more than most landlords have.
            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).


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