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    Quick Qestions

    We may have try and claim unpaid rent through the courts so we want to make sure we have done everything correct, we would like to know

    1. Do we have as LL have to inform the T where the deposit has been held or is that up to the DPS

    2. Does the signatures on the AST agreement have to witnessed when both parties sign

    3. Can we apply to the DPS to keep the deposit to cover some of the rent arrears

    4. Another LL has asked for a reference, the AST runs until August so we have not given one, should we inform the LL the reason why we wont give a reference until August or will we be breaking law (Data Protection Act)

    Thanks

    Mr/MrsLandlord

    #2
    Originally posted by Mr/MrsLandlord View Post
    We may have try and claim unpaid rent through the courts so we want to make sure we have done everything correct, we would like to know

    1. Do we have as LL have to inform the T where the deposit has been held or is that up to the DPS

    They should have been told by the dps

    2. Does the signatures on the AST agreement have to witnessed when both parties sign

    No

    3. Can we apply to the DPS to keep the deposit to cover some of the rent arrears

    Yes

    4. Another LL has asked for a reference, the AST runs until August so we have not given one, should we inform the LL the reason why we wont give a reference until August or will we be breaking law (Data Protection Act)

    Best thing I think is just to decline to give a reference atall. that will tell the new lanlord all he needs to know

    Thanks

    Mr/MrsLandlord
    Hope that helps

    Comment


      #3
      You have to provide the tenant with 'prescribed information' which includes details of whom protects the deposit.

      https://www.depositprotection.com/do...n-template.pdf

      Comment


        #4
        Can someone else comment further on the giving of references and what we should or shouldn't say? I would always want to be honest about a tenant, both positive and negative. And i'd like fellow landlords to be totally open with me too. Are we really unable to give a truthful response for fear of data protection and the like?
        IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

        Comment


          #5
          Just be honest.

          so and so has been a good tenant over the last x months. They have not yet given notice on the current property.

          Rent payments have been generally good however there are some arrears that the tenant [is] [is not] currently working to clear off.



          If there are arrears, you may be better off without them!
          Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

          I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

          Comment


            #6
            You might enjoy this thread:

            http://www.landlordzone.co.uk/forums...ctive-T/page23
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              Originally posted by Mr/MrsLandlord View Post
              3. Can we apply to the DPS to keep the deposit to cover some of the rent arrears
              As advised already, yes; but only if your tenancy agreement says that you can

              4. Another LL has asked for a reference, the AST runs until August so we have not given one, should we inform the LL the reason why we wont give a reference until August or will we be breaking law (Data Protection Act)
              I do wonder about all this DPA angst these days... is it just me, but what does this have to do with the DPA? I can't see any problem with providing a strictly factual and truthful reference if you want to: and by factual I mean info like "tenant is currently 2 months behind with the rent" which can be backed up by evidence, rather than potentially libellous stuff like "tenant is obnoxious and keeps the place like a pigsty and I wouldn't let to him again if he was the last tenant on earth".

              You may have your own reasons for wanting or not wanting to give a 'full' reference, or not giving one at all. It's all very laudable, the idea of landlords all altruistically looking out for each other and flagging up bad tenants; but in the real world I'm sure there are plenty who will lie through their teeth in order to get rid of a bad tenant and I'm really not sure of the value of sticking your neck out by volunteering information you don't have to, when it may potentially be to your own detriment.

              Comment

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