Deposit protection within 14 days- problems

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    Deposit protection within 14 days- problems

    Hi

    I just want to check if I am doing this right as its such a palava!

    Ive just read the RLA stuff on prescribed info and t&cs. Nowhere on the DPS website does it mention any of this so thank god for LZ else I could be paying back 3x deposit!

    I rent to students whose parents gave us cheques/cash deposits at the weekend. RLA says:

    In addition to giving the prescribed information to the tenant, the Landlord must also give this information to any third party / interested party (i.e. someone who has paid the deposit on behalf of the tenant whether in whole or part). For example a parent may pay the deposit on behalf of a student tenant.

    And this has to be done within 14 days. They paid their deposits on 13th and are moving in on 27th which is 15 days!! Im sure they would be perfectly happy to get all the docs the day they move in but to cover my ar*e and to ensure the parents get a copy I have written a covering letter and printed god knows how many pages of prescribed info and t&cs for each of my 4 tenants and 4 parents and posted it all to them! Very time consuming and pain in the butt.

    Is it overkill or am I being prudent? I'll probably have annoyed parents phoning me to ask why I have disclosed their personal address, phone no etc information to the other parents who are essentially complete strangers! Plus all my own info has had to be sent out to all and sundry so I'll no doubt have mr & mrs ponsonby-smythe phoning me up at all hours to tell me that their darling tahlula wont be paying any more rent as she keeps getting spiders running across her bedroom floor and its simply not on to expect someone to live in such terrible conditions.

    Grrrrrrrr DPS.

    #2
    Originally posted by gabbi8856 View Post
    Hi

    I just want to check if I am doing this right as its such a palava!

    Ive just read the RLA stuff on prescribed info and t&cs. Nowhere on the DPS website does it mention any of this so thank god for LZ else I could be paying back 3x deposit!

    I rent to students whose parents gave us cheques/cash deposits at the weekend. RLA says:

    In addition to giving the prescribed information to the tenant, the Landlord must also give this information to any third party / interested party (i.e. someone who has paid the deposit on behalf of the tenant whether in whole or part). For example a parent may pay the deposit on behalf of a student tenant.

    And this has to be done within 14 days. They paid their deposits on 13th and are moving in on 27th which is 15 days!! Im sure they would be perfectly happy to get all the docs the day they move in but to cover my ar*e and to ensure the parents get a copy I have written a covering letter and printed god knows how many pages of prescribed info and t&cs for each of my 4 tenants and 4 parents and posted it all to them! Very time consuming and pain in the butt.

    Is it overkill or am I being prudent? I'll probably have annoyed parents phoning me to ask why I have disclosed their personal address, phone no etc information to the other parents who are essentially complete strangers! Plus all my own info has had to be sent out to all and sundry so I'll no doubt have mr & mrs ponsonby-smythe phoning me up at all hours to tell me that their darling tahlula wont be paying any more rent as she keeps getting spiders running across her bedroom floor.

    Grrrrrrrr DPS.
    Sounds a bit like overkill...you could have insisted on one lead tenant and one deposit, rather than all this palaver...there may be some advantages of doing it like that (I can't think of any at the mo!)

    As far as parents ringing you up, yes you're probably right, especially if this is their first child. My low point came when not only a tenant, but also her mother, rang me up (at midnight) to complain that one of the other girls in the shared house was saying nasty things about her outside her door and what was I going to do about it?

    If any parents do bother you, take the opportunity to ask them whether they have taught their child to clean a toilet. They usually back off.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      if joint ast then lead T is all you require..
      if sep ast then one copy of tcs each ....
      I would hand deliver this lot to prop you have rented to them (with suitable witness to confirm delivery of such !!!!)to await their perusal ......

      Why make life so complicated .........or in todays age .....could you not have emailed them the tcs???

      The Rodent
      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
      W.Churchill

      Comment


        #4
        Its a joint tenancy and we have decided to lodge the deposit as one lump sum with a lead tenant but that doesnt change the fact that 4 separate parents gave us 1/4 of the deposit each. There is no way on the day this happened when the parents were meeting each other for the first time that they would have agreed to just one of the students getting all the paperwork about other peoples deposit money. They wanted separate receipts which is fair enough I feel. Id want the same.

        I was going to email them the docs but a) the prescribed info requires a signauture and b) i dont have the parents email addresses so how would i know the students had passed the emails on?

        We have to assume that one of their parents is a lawyer and knows whats what so have covered ourselves completely.

        Im just wondering if theres some way we could say the deposits came from the parents but via the tenants. Problem was that 2 of them paid by cheque so they could say it was definately the parents who paid.

        This 3 x deposit freaks me out. My husband says that on moneysavingexpert.com there is a whole section with standard letters to print off to get 3 x your deposit back! It'll soon become common knowledge for every tenant how to sue ll for 3x unless ll has followed every rule.

        Comment


          #5
          I know they've even got a leaflet on it, have a look at:-

          http://resource.nusonline.co.uk/medi...ement_pack.pdf

          but look at page 6 paragraph 3 where it states that even if the LL has protected the deposit outside the 14 days but before the court date the claim might not be successful

          also, look at

          http://www.rla.org.uk/news/news.shtml?post=66

          can't be too cautious though in my view

          Comment


            #6
            Originally posted by Ozone View Post
            I know they've even got a leaflet on it, have a look at:-

            http://resource.nusonline.co.uk/medi...ement_pack.pdf

            but look at page 6 paragraph 3 where it states that even if the LL has protected the deposit outside the 14 days but before the court date the claim might not be successful

            also, look at

            http://www.rla.org.uk/news/news.shtml?post=66

            can't be too cautious though in my view

            Thanks Ozone, I find it shocking that such leaflets exist, I know its to protect the tenant but its like they are encouraging tenants to claim just for the hell of it and even if the tenancy went well. Some people are so unscrupulous that they will stop at nothing to get some extra money.

            Comment


              #7
              Originally posted by gabbi8856 View Post
              Thanks Ozone, I find it shocking that such leaflets exist, I know its to protect the tenant but its like they are encouraging tenants to claim just for the hell of it and even if the tenancy went well. Some people are so unscrupulous that they will stop at nothing to get some extra money.

              It could be argued that the pendulum is just swinging back in the tenants' favour, after years of unscrupulous landlords stopping at nothing to avoid giving tenants back their deposits, even if the tenancy went well...!

              Don't worry, if you protect the deposits in time and tell the tenants how you've done it, you have no reason to worry.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment

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