Protection Certificate invalid?

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    Protection Certificate invalid?

    Hi

    My tenant has been living in the house for 6 months now. I've recently been told by MyDeposits that after the fixed term, the deposit protection (which was issued within 30 days of tenancy start etc) needs to go into a statutory periodic tenancy. No problems - I clicked the button and printed out new documents to take to my tenant.

    This is where the issue is. I noticed on the print out that the AST ran from the 1st of the month for 6 months, but instead of having it run out on the 31st of the 6th month, it runs out on the 1st. I've only just noticed this extra day, but through My Deposits, they can only amend within 14 days of original being signed.

    Am I legal, here? If not, should I be renewing the deposit protection to start again from the spt start date? Or would this be covered as I haven't 'undercut' the days? Any other advice? All my other protection certificates are fine - I just checked them and this was just an honest, administrative mistake.

    Thanks for your guidance!

    #2
    I wouldn't worry about it on the basis of 'de minimis' - the law cares not for small things. The tenant has suffered no conceivable loss from such a tiny mistake and the protected status of the deposit should be unaffected.
    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

    Comment


      #3
      Thank you for your quick reply.

      This was my thought, too, but having learned first hand about how the courts are with all the details being exact, it made me nervous!

      Comment


        #4
        If it were a section 21 notice you'd be in a bit of bother, but I really dont think it will matter in this case - have you asked mydeposits what they think?

        Couldn't you furnish the tenant with a correct version of the certificate - either use a photocopier and some tipex or your computer to make the change, that way on the tiny chance they ever do bring a successful claim about it you will have rectified any delinquency the court perceives as soon as possible.
        I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

        Comment


          #5
          Originally posted by monkeysee View Post
          - either use a photocopier and some tipex or your computer to make the change, that way on the tiny chance they ever do bring a successful claim about it you will have rectified any delinquency the court perceives as soon as possible.
          Hmm! Is that honest?
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            I agree, but make a formal inquiry to MyDeposits and request a formal response to your specific problem..

            IE Not just the standard MyDeposits reply - We will endeavour to answer your enquiry within a maximum of 4 working days. Please note, the more accurate information you can provide us with, the faster we will be able to action and respond to your enquiryetc, etc...


            Originally posted by monkeysee View Post
            If it were a section 21 notice you'd be in a bit of bother, but I really dont think it will matter in this case - have you asked mydeposits what they think?

            Couldn't you furnish the tenant with a correct version of the certificate - either use a photocopier and some tipex or your computer to make the change, that way on the tiny chance they ever do bring a successful claim about it you will have rectified any delinquency the court perceives as soon as possible.

            Comment


              #7
              Originally posted by jta View Post
              Hmm! Is that honest?
              I wasn't suggesting passing it off as an original, the tenant already has the incorrect copy anyway I assume from the original post. The OP said he couldn't amend it with mydeposits so if he wants to issue a correct one to cover himself he has to amend it manually instead.
              I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

              Comment


                #8
                Originally posted by monkeysee View Post
                I wasn't suggesting passing it off as an original, the tenant already has the incorrect copy anyway I assume from the original post. The OP said he couldn't amend it with mydeposits so if he wants to issue a correct one to cover himself he has to amend it manually instead.
                Fair nuff...
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Thanks for your help

                  Finally got hold of MyDeposits and they said that because it was an administrative error and isn't a big change, they would amend it for me. I need to email my AST to them for proof etc and it will take 4 days to amend. Then I get it signed etc for new rollover period.

                  I'm assuming this will be easy enough to do (although, officially, their website says they'll only amend in the first 14 days after protection is given) and there won't be any further problems.

                  It's put my mind at rest knowing that the courts are pretty hot on the little details (and so are unscrupulous tenants!!). Hopefully if anyone else is in this position, it gives you a bit of guidance, too.

                  Comment

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