Letting Agent Protected Deposit

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  • Letting Agent Protected Deposit

    To shorten a lengthy story, my agent has protected my tenants deposit without consulting me. He believes that he has to do this by law but I'm certain the onus lies on me not him. My main concern however is the supply of legal info to the tenant. I believe this is still my responsibility even though I've never even seen the deposit. I'm unsure what prescribed information I need to forward to the tenant and I'm not sure what info the agent is going to supply. Any answers to a rather muddled question will be gratefully received.

  • #2
    May I refer you to:http://www.landlordzone.co.uk/FAQ/in...d=7&artlang=en which summarises our collective knowledge about such matters at the moment.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      basically your agent is acting on your behalf and that why he has protected the deposit and im sure all the necessary info and prescribed info would be in the Tenancy Agreement. Ask for a copy asap and then you can be assured that he is acting correctly.

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      • #4
        Originally posted by Poppy35 View Post
        basically your agent is acting on your behalf and that why he has protected the deposit and im sure all the necessary info and prescribed info would be in the Tenancy Agreement. Ask for a copy asap and then you can be assured that he is acting correctly.
        It isn't in ours - TDSL are saying DO NOT alter your tenancy agreement (at least that's what they said when I last looked). We have constructed a separate form, followed the Statutory Instrument SI 797:2007 paragraph structure and called it a Section 213 Notice. It has a second duplicate copy for tenants to sign as receipt.

        It is MANDATORY for landlords (via their agent if managed/agreed) to supply the information, but only a REQUEST for tenant to acknowledge receipt. We are taking a strong line and are treating return of the duplicate as a REQUIREMENT (self protection in case the tenants decide to get stroppy at a later date).
        On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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        • #5
          the TDS is in effect

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