Tenant Refusing To Sign Deposit Protection Prescribed Info

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    Tenant Refusing To Sign Deposit Protection Prescribed Info

    I gave tenant prescribed information and left it for him to sign and return to me but he never did. The deposit is protected.
    He is a difficult character and the other flatmates (it is a shared-house) want him out.

    I have issued him with a S21 but since remembered I have not had the prescribed information form signed and returned to me. I have recently asked him to do this but he has refused. Does this affect the validity of the S21 notice?

    #2
    Depends when s21 was served and 'reqd info' provided. ie reqd info before s21 else s21 prob invalid.
    AFAIK there is no requirement that the T signs & returns the reqd info, (to a certain extent counter-productive if T does not keep note of reqd info) only that the reqd info has been supplied by LL to T. IMO reqd info constiutes a legally reqd Notice and as such should be covered by the Interpretation Act which assumes service (receipt)2 working days later if posted by First Class mail, pref supported by free Cert of Posting provided by PO counter staff.
    I submit your T is 'trying it on'

    Comment


      #3
      Tenant has no obligation to sign 'PI' form, although you have to give him the chance to (strange).

      You may have to prove to the courts that you did provide 'PI'. For this reason it is usually suggested tha it is sent by mail with a free certificate of posting. In reality it could be an empty envelope, but the courts seem to accept this.

      If PI has not been served before s21 is served than T may be able to convince a judge that the s21 is invalid. If practical, I would re-issue PI as suggested above, and issue a new s21 a couple of days later.

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        #4
        I went to the house and left the S21 at the premises on 26 Aug with the date of expiry of the notice as 'after 27 Sep' (he pays rent on 28th of each month as per AST). Is it still valid by me leaving it at the house rather than posting it? I took photos of me at the front door holding up the notice and with my phone showing the date. There was someone with me at the time too.

        I was wondering what the position is in showing the room. The tenant is saying I cannot show the room but I was wondering if I am able to show it if I give 24hrs notice? There is no mention of it in the AST.

        Comment


          #5
          Originally posted by ABC123 View Post
          I went to the house and left the S21 at the premises on 26 Aug with the date of expiry of the notice as 'after 27 Sep' (he pays rent on 28th of each month as per AST). Is it still valid by me leaving it at the house rather than posting it? I took photos of me at the front door holding up the notice and with my phone showing the date. There was someone with me at the time too.


          I was wondering what the position is in showing the room. The tenant is saying I cannot show the room but I was wondering if I am able to show it if I give 24hrs notice? There is no mention of it in the AST.
          Was the "someone with you" independent? You can sometimes use an independant witness, but proof of postage is always a better route. The S21 would be considered to be served 2 working days after posting.

          As for viewings, regardless of any terms in the contract, whilst tenant has a current agreement, they can refuse all access to their room.

          Comment


            #6
            Originally posted by ABC123 View Post
            I went to the house and left the S21 at the premises on 26 Aug with the date of expiry of the notice as 'after 27 Sep' (he pays rent on 28th of each month as per AST).
            s21 requires TWO months.

            Comment


              #7
              Originally posted by Snorkerz View Post
              s21 requires TWO months.
              Sorry, I meant 26 July.

              Comment


                #8
                Originally posted by LesleyAnne View Post
                Was the "someone with you" independent? You can sometimes use an independant witness, but proof of postage is always a better route. The S21 would be considered to be served 2 working days after posting.

                As for viewings, regardless of any terms in the contract, whilst tenant has a current agreement, they can refuse all access to their room.
                The person was a friend - does that count as independent? The other tenants were there but I don't know if they would remember the date that I was there and left the S21.

                I left it on 26 July and the date of expiry of the notice was 'after 27 Sep' - does that mean I was a day late and would have had to have left it on 25 July?

                Comment


                  #9
                  Originally posted by ABC123 View Post
                  I left it on 26 July and the date of expiry of the notice was 'after 27 Sep' - does that mean I was a day late and would have had to have left it on 25 July?
                  What time did you leave it?

                  Comment


                    #10
                    It was 17:35 according to the photos I took. Surely the 2 working days is to give time for the post to be delivered, in my case it was hand delivered.

                    Comment


                      #11
                      Yes, that is to allow for postage time, but not if you hand delivered. It is served as soon as it is in the tenant's possession - however, do you know if the tenant has it? Leaving it at the house might give him a chance to say he never saw it!

                      Comment


                        #12
                        That should not matter, served at the place of residence is sufficient. Somebody mentioned a case recently where a notice ended up slipping under the lino by the front door. It was still deemed as served.
                        I offer no guarantee that anything I say is correct. wysiwyg

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                          #13
                          There is no requirement to have a witness, let alone be independent.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            I posted it through the letter box. I know he has it as it was gone when I was there two days later.

                            He's saying that he has no intention of leaving. What would be the next step if he doesn't leave on the date he's meant to?

                            I was also wondering what would be the consequences of finding a replacement tenant if the current one fails to move out? I am hoping that this is all bluster and that he will actually move out and if this is the case then I would like to have another tenant lined up to move straight in the next day - but if I do and then the current tenant doesn't move out then it could effectively be making the replacement tenant homeless.

                            Comment


                              #15
                              Do not make any promises to anybody else until you have possession of the property.

                              If he does not leave by the expiry of the notice you are going to have to apply to the court for a possession order and then possibly bring in the bailiffs. Allow at least three months for all this to take place.
                              I offer no guarantee that anything I say is correct. wysiwyg

                              Comment

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