prescribed information

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

    prescribed information

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

    #2
    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.

    Comment


      #3
      So the PI and terms and conditions need to be given to a new tenant. Tenancy start date 10-10-2014?
      Mrs Dingle

      Comment


        #4
        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...

        Comment


          #5
          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

          Comment


            #6
            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).

            Comment

            Latest Activity

            Collapse

            • Ex tenant and arrears
              by Perce
              Hello All

              I have issued multiple CCJs. Three of them are still unpaid.

              I have also issued Third Party Debt Order which was successful.

              But the ex T. still owes me money and more claims are to be issued .

              I have asked for the deposit but the ex....
              22-09-2021, 20:08 PM
            • Reply to Another Sec 21 Notice
              by theartfullodger
              Thanks to Thatcher's 1988 Housing Act a tenancy continues, monthly periodic, if tenant remains in occupation.

              Unless evicting tenants through court prior you / agent cannot (legally impossible to) prevent this.

              Education?
              22-09-2021, 19:51 PM
            • Another Sec 21 Notice
              by ispookie
              We are a recent landlords after moving house. The house is a four bedroom in England, managed through a letting company, EPC, Rent protection, inventory etc were all done including the necessary checks on the tenants. The tenancy was setup for 12 months, ending in March 2021. Right from the start...
              22-09-2021, 16:20 PM
            • Reply to Utilities Account Manager
              by Neelix
              Just watch out as they seem to be falling like flies ATM
              22-09-2021, 19:28 PM
            • Utilities Account Manager
              by michaelwgroves
              I have a large portfolio, I got tired of spending ours on the phone each week managing utilities between tenancies. I found a utility company that gave me a dedicated account team. I simply email the tenancy change and it gets sorted. However, there are a few challenges they are struggling to overcome,...
              22-09-2021, 07:15 AM
            • Reply to Condensation/mould mid-tenancy
              by mokka
              I beg to differ. From experience it was slum landlords not sorting out the property by means of fixing penetrating damp along with missing roof tiles for years. Black mould covering a whole wall, damaged stairs that was just clipped back together under the stair case along with collapsing kitchen ceiling...
              22-09-2021, 19:27 PM
            • Condensation/mould mid-tenancy
              by bethy
              We have a nice couple living in our one bed flat. It's an old building with thick, uninsulated walls. We've owned it for 10 years, and in that time had 1 tenant who managed to cover the place with mould due to how she was living in it, everyone else since has been absolutely fine.

              I visited...
              20-09-2021, 12:42 PM
            • Dispute deposit based on damage that landlord didn't repair?
              by kankan
              Hello everyone,

              After signing the contract, but before moving in, the flat suffered some flood damage. 3 rooms needed repainting because of water stains and paint falling off.
              We were promised that this will be taken care of after moving in. We followed up several times, but the repairs...
              22-09-2021, 19:26 PM
            • Reply to Condensation/mould mid-tenancy
              by Hudson01
              The above post just goes to prove that you cannot help some people.
              22-09-2021, 19:13 PM
            • Reply to Another Sec 21 Notice
              by ispookie
              This is why I think the current letting agents are not very good! All I asked the letting agents was to make sure the tenancy ends on the last day as per the contract and not to extend it....
              22-09-2021, 18:55 PM
            Working...
            X