Prescribed information help please!

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    Prescribed information help please!

    Hi, please can anyone help! We protected our tenants deposit within 30 days with DPS but did not give the prescribed information as we simply did not realise we had to provide anything the DPS wouldn't have done (and on communications from them at the time there was no mention of prescribed information that we had to provide). How we regret that now!!! We live next door to the tenants which has it's own challenges and we have been good landlords, not increasing the rent, swiftly attending to repairs, accepting near continual late rent. We know that when we give notice they are extremely unlikely to go willingly and we are likely to end up having to use court proceedings. We are hoping to give notice in the coming months, they are now on a periodic tenancy, but want to ensure the prescribed information situation wouldn't prevent us being able to evict them through the court if needed. If we return it in full now (well prior to giving any notice), will that mean they couldn't use that to avoid being evicted? They have done a considerable amount of damage but our priority is to be able to successfully get them out when we given notice! thanks.

    #2
    You don't need to return the deposit first if it was protected in time. Prescribed information can be given late. If it's before the section 21 are given, you won't get away from a potential penalty, but the notice is valid.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Thankyou! As we need them to sign the form and it says 30 days on it, I guess we just have to fess up..We probs will get sued by them but at least we can get them out....

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        #4
        Actually, can we just return it in full prior to the Sec 21 so we don't need to highlight that we didn't give the prescribed information to them?

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          #5
          Serve s8 for late rent and damage & make sure council know also
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            The tenants don't need to sign the prescribed information, they need to be given the opportunity to sign it.
            Send them two copies with a covering letter explaining that you are just getting the formalities in place and asking them to sign one copy and push it through your letterbox (as you're next door).
            Include the government's How to Rent booklet, an EPC for the property and any relevant gas safety certificate.

            Scan a copy and send it from a post office and keep the free proof of posting.
            It will be legally assumed to have been delivered two working days later - at which point you can serve a s21 notice.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #7
              Thankyou for the advice, its really helpful. He has sent a very unpleasant letter accusing us of not maintaining the property. Thankfully have recorded all the repairs we have done and communications from them re the house so we have plenty of proof otherwise. I thought I would send a letter back detailing this but also say that as they are so unhappy with the house we will return their deposit in full, despite considerable damage, to assist them to look for other accommodation "should they wish to do so". To be honest the deposit will barely scratch the surface of the damage..it this ok?!

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                #8
                It's up to you what you want to do.

                You are betting that you returning the deposit will either not clue them in to the deposit penalty legislations if they didn't know already and that they won't find out any time in the next ~6 years, or that they'll feel so well done by that they won't go to court even though they can. Good luck to you on that.......

                Returning the deposit would probably not reduces any potential penalty against you if it went to court. All it'll do is stop you from getting some money for the damages you said has occurred.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  If the tenant makes a complaint about the maintenance or condition of the property, you need to respond in writing within 14 days, giving a satisfactory response.
                  I'd guess in this case, you're not correct and here's why would be your response.

                  I agree that returning their deposit is a questionable strategy, I wouldn't offer it preemptively (although obviously, I don't know the tenant or what has occurred previously).
                  Returning the deposit would remove any need to serve the PI and allow s21 notice to be valid.
                  Not returning it means you have something to negotiate with when you serve the tenant notice.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Thankyou for the advice, will weigh up both options i.e. pre-emptively return or not.

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