Proof of Tenancy Deposit Scheme Details

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    Proof of Tenancy Deposit Scheme Details

    This is just a thought for the future.

    When sending out Tenancy Deposit Details including the terms and conditions of the scheme - I use the method of posting via post office and obtaining cert of posting.

    My TDS paperwork which I download from the TDS site, requires the tenant to sign the paperwork.

    What happens if you can't get the tenant to sign? My last tenant just wouldn't co-operate - he ended up asking me to evict him and then I said, I couldn't go through the process until he signed the TDS document. Because he wanted something - he signed the form.

    I can't see any legal comeback so long as I know everything has been deposited correctly and the tenants have received all the required information. Am I wrong?

    Many thanks

    #2
    Although there is space for T signature it is not obligatory. All you need to prove is that you sent it (free proof of postage from two post offices will cover it).
    I'm a good tenant with great landlords
    I'm also a living, breathing, fully cooked female.

    Comment


      #3
      Yes, that's what I thought. I certainly won't stress myself out if tenants don't sign and return.

      Many thanks

      Comment


        #4
        It is an anomally. You have to make sure the tenant has he chance to sign it. They don't have to.

        Comment


          #5
          Originally posted by Claymore View Post

          My TDS paperwork which I download from the TDS site, requires the tenant to sign the paperwork.

          What happens if you can't get the tenant to sign? My last tenant just wouldn't co-operate
          This is what it says in the statute about the prescribed information - it must contain confirmation that the landlord

          "has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of his knowledge and belief."

          Just the opportunity, nothing more.

          See http://www.legislation.gov.uk/uksi/2...article/2/made

          Comment


            #6
            Wouldn't hurt to include stamped addressed envelope.

            PANIC BUY STAMPS!

            LOL sorry, couldn't resist!
            I'm a good tenant with great landlords
            I'm also a living, breathing, fully cooked female.

            Comment


              #7
              Originally posted by Claymore View Post
              This is just a thought for the future.
              When sending out Tenancy Deposit Details including the terms and conditions of the scheme - I use the method of posting via post office and obtaining cert of posting.
              [...]
              What happens if you can't get the tenant to sign? My last tenant just wouldn't co-operate - he ended up asking me to evict him and then I said, I couldn't go through the process until he signed the TDS document. Because he wanted something - he signed the form.
              But when are you asking them to sign the documents? You're supposed to do it immediately after the start of the tenancy - and one would hope that at that point at least, relationships are still reasonably good and the tenant will have no problem in signing the documents as requested.

              However - here's my "thought for the future"... following a suggestion on this forum, I now get the tenants to sign the Prescribed Information in the property, at the time (normally) when they are handing over their cash representing the first month's rent and the deposit, in return for the keys and a signed agreement. I give them a receipt, we do the inventory, both of us sign that and the PI. I then take the cash to the bank, and then action the transfer to TDS, and that's it - job done.

              There's nothing (that I can see) to say that the PI has to be handed over only after the deposit has been protected; and it certainly makes life much easier for all.

              Comment


                #8
                Originally posted by Ericthelobster View Post
                There's nothing (that I can see) to say that the PI has to be handed over only after the deposit has been protected; and it certainly makes life much easier for all.
                With My Deposits the deposit protection certificate (which has a unique number) is generated when the landlord protects the deposit.

                So until the deposit is protected there is no certificate to sign.

                Comment


                  #9
                  Originally posted by Perplexed View Post
                  With My Deposits the deposit protection certificate (which has a unique number) is generated when the landlord protects the deposit.

                  So until the deposit is protected there is no certificate to sign.
                  The MyDeposits certificate isn't part of the prescribed information.

                  These are the requirements:

                  http://www.legislation.gov.uk/uksi/2...article/2/made

                  Comment


                    #10
                    Originally posted by Ericthelobster View Post

                    There's nothing (that I can see) to say that the PI has to be handed over only after the deposit has been protected; and it certainly makes life much easier for all.
                    I agree. There is nothing to say that the PI must be given after the deposit has been protected.

                    Comment


                      #11
                      Originally posted by westminster View Post
                      The MyDeposits certificate isn't part of the prescribed information.

                      These are the requirements:

                      http://www.legislation.gov.uk/uksi/2...article/2/made
                      The mydeposits certificate itself isn't the prescribed information, but when you download the PDF it comes with a page 2, which is.
                      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


                        #12
                        But how do you prove you gave them the opportunity to sign?

                        Also, would an emailed copy of a PDF of the certificate (and PI) be adequate? Especially if followed by an email from the tenant confirming receipt?

                        grrr
                        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


                          #13
                          Originally posted by Grrr View Post
                          But how do you prove you gave them the opportunity to sign?
                          Are you referring to my method (ie providing the PI in person before the deposit is protected?

                          If so - well, they just do sign it - there's nothing to negotiate and no reason why they wouldn't want to sign: it's just part of the paperwork that's needed before they get the keys.

                          (Oh and just for clarification - I post the PI to the tenant in advance of moving-in/signing day, along with the tenancy agreement, so there's plenty of time for them to study both at their leisure before signing, and to avoid any possibility of related accusations in the future!)

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