SECTION 213 requirements!

[sunnyp]

I read on LLZ section 213 article and noticed something I had not noticed or seen mentioned before.

Is it a requirement to also serve PI to the Letting Agent if the landlord receives the deposit from the tenant via the letting agent? and does failing to do this jeopardize the section 21?

[Interlaken]

I don't understand this. I use agents all the time but never feel the need to issue them with PI when they pay 1st months rent and deposit into my account from a tenant.

Why would a S21 need to involve the agent in any way if landlord is self managing?

[sunnyp]

My thoughts initially then i read this,

The law says that landlords / agents must protect deposits within 30 days of receipt into one of the Government approved tenancy deposits schemes*. In addition to protecting the deposit a statutory notice (s213) must be served on the tenant, or where the deposit (or part of it) was provided by a third part, the third party must also be served notice

Its a cut and paste from the article in LLZ about section 213.

[jjlandlord]

A letting agent does not provide the deposit, he receives it. A letting agent is not agent is not a third party.

A third party providing a deposit is, e.g., a parent of the tenant paying the deposit directly to the landlord/agent. There are council schemes doing this as well, I believe.

[sunnyp]

thanks JJ that does make sense.

[jpkeates]

Interesting point though, if the agent passes the deposit to the landlord to protect, the landlord may have no idea where the deposit actually came from.

[sunnyp]

thats right JP and also no idea when!