Serving a Section 21(4) (a) correctly?

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    Serving a Section 21(4) (a) correctly?

    Hello

    This is my first post. I've searched but not found an answer to to the following. Hope someone can advise.

    1)I've completed 21(4)(a) as tenancy is periodic. I'm ok with the dates I've used. Only Mr is stated on the T/A. Mr got married and is away a lot of the time. Mrs is the main point of contact. Do I include Mrs on the form? She's not mentioned on the T/A. However, a lot of text correspondence links to her. I have put her name on the form but am not sure if this is technically correct. I've not sent the form yet so can I can start again if necessary

    2)Deposit was paid to DPS by the agent and the T/A confirms this. The tenant signed the T/A. Do I need to send the DPS terms and conditions before sending S21? Or can I rely on the fact that the T/A confirms the DPS procedure was followed through. The tenant signed the T/A and there is standard info about the Tenancy protection prescribed protection information. If there is any doubt I can still send the T&C but I am hoping the signed T/A is sufficient.

    I just want to be make sure i do not fall foul of a technicality.

    Hope someone can advise further.

    Thanks

    #2
    As far as the tenancy is concerned she doesn't exist, even though you have acknowledged her for correspondence, so her name doesn't need to be on the form.

    Ask the LA exactly what they served; it should have been Prescribed Information and T&C's for the DPS. They should have some sort of proof that the tenant has had it
    My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

    Comment


      #3
      Thank you oaktree

      I do have another concern. If it transpires that Mr is actually living elsewhere, does Mrs have any rights to stay in the property? Or will the court just serve a notice giving me possession?

      I will contact the agent and ask about the T & Cs. I do hope they will be able to verify and provide evidence for me. If they don't have the evidence am I ok to send the T & Cs now?

      Comment


        #4
        In practical terms, it doesn't really matter that the Mr isn't living there.* Serve the s.21 notice on the Mr (not the Mrs) and apply for possession. If it gets the point of court bailiffs enforcing the possession order, they will evict the Mr, the Mrs and whoever else might be in occupation. Mrs doesn't have any rights, and can't acquire any; she is just the T's guest.

        Deposit protection is a two-step procedure. You have to protect the deposit but you must also give the so-called 'prescribed information' to the tenant, both within 30 days of receipt of deposit. The prescribed information runs to several pages, and, as oaktree says, with the DPS scheme it includes providing the T with the DPS' terms and conditions. You cannot serve a valid s.21 notice before you have complied.

        If you have protected the deposit within the deadline, then in terms of serving a valid s.21 you can still comply late with the prescribed information and subsequently serve a valid s.21. However, late compliance doesn't get you off the hook in terms of a non-compliance claim by the T under s.214 Housing Act 2004.

        See relevant statute:
        http://www.snorkerz.com/deposits_new.htm
        http://www.legislation.gov.uk/uksi/2...article/2/made

        ====
        * In strictly legal terms, it does matter, because an assured shorthold tenant ceases to be an assured shorthold tenant (and becomes a common law tenant) if the rental property isn't his only or principal home. But you really can't be expected to know the details of the T's comings and goings, so in this situation it's safe to proceed on the assumption that the T is living there.

        Comment


          #5
          Thank you westminster and oaktree

          You've both put my mind at ease.

          It's reassuring to know I only need to put Mr down on the form and this will be sufficient.

          I contacted the agent today and they verbally confirmed that the tenant was given a leaflet and other details informing them of the DPS. will I need to get copies of all the information that was provided to the tenant? I was thinking of asking for a letter or certificate as evidence but I'm not entirley sure how much information I need to prove compliance.

          Any advice on this would be very helpful

          Comment


            #6
            You will need this if it ends up going to court to get possession; you will need to send proof that the deposit is protected
            My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

            Comment

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