Serving a section 21

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    #16
    Originally posted by tennisplayer
    The tenancy agreement has been re issued every year at a charge of £50 to both parties by the letting agent.
    No I don't know what PI is. Oh dear and I have not served a Right to Rent. Should that have been done? I thought that was just for agreements after October 2015, but I guess if ours has been reissued it will be after that date.

    This is my only flat and my first tenant.

    The agent have protected the deposit, at least I assumed they did.

    thank you for your reply.




    So this the same http://www.landlordzone.co.uk/forums...ment-in-garage tenant then !
    Thunderbirds are go

    Comment


      #17
      Yes it is one and the same

      Comment


        #18
        Originally posted by tennisplayer View Post
        The tenancy agreement has been re issued every year at a charge of £50 to both parties by the letting agent.
        No I don't know what PI is. Oh dear and I have not served a Right to Rent. Should that have been done? .....
        I would treat it as a new tenancy from April 2016 then so you need to have served (served not happen to have in your files) EPC, GSC(If relevant) and the "How to Rent" booklet, before a NEW s21 is valid. And the PI. And you need to have satisfied yourself that tenant has the right to rent: If you have no proof and things go badly you could end up with a a £3k fine. R2R doesn;t affect s21 but... in yours shoes I would have done the gov.uk recommended checks & filed copies of documents (eg passport, driving licence etc). See
        https://www.gov.uk/check-tenant-righ...s/who-to-check

        Which deposit scheme was deposit protected in and which variety, please?
        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...

        Comment


          #19
          Hello,

          Thank you for your reply.
          I have an email copy of both EPC and GSC. Can I send them by email to her now? Does that count as serving?
          The last gas certificate was done in December 2016.
          Also I don't know what PI is - so I will check that out now.

          I rather stupidly thought that the letting agent would tell me ( for the extortionate fee I have paid them each year) if I had to do anything extra. I am pretty sure that my plumber gave her a copy of the GSC and the letting agent are definitely holding the EPC.

          The tenancy agreement states:
          'The deposit is safeguarded by the Tenancy Deposit Scheme which is administered by The Dispute Service'

          This was signed in 2012.

          Do you think I can serve S21 ?

          Thanks

          Comment


            #20
            PI: See is indicated in my post #2, above
            http://www.landlordzone.co.uk/conten...-documentation
            Prescribed Information

            The tenancy deposit protection legislation requires the landlord not only protects the deposit under either a custodial scheme or one of the insurance-backed schemes, but in addition, provides the prescribed information to the tenant explaining how the deposit has been protected and giving some specific legally required information.

            Landlords and agents must also give this prescribed information to any third party / interested party (i.e. someone who has paid the deposit on behalf of the tenant whether in whole or part). Examples of this may be a parent or guarantor paying a deposit on behalf of a student tenant, or when some local authorities pay deposits on behalf tenant/s under a deposit bond scheme which they operate.

            When you have protected the deposit and you have given your tenant a copy of the deposit protection certificate/receipt, if you fail to serve the prescribed information then the deposit protection is not compliant with the law – you are potentially liable to a penalty of one to three times the amount of the deposit and will be prevented from serving a valid Section 21 notice.

            Completing the Prescribed Information:

            The prescribed information can be signed by the landlord or the agent.

            In the case of joint tenants, the landlord need only complete one form but this must be addressed to all of the tenants. You must include details of all the tenants in the prescribe information; not just the lead tenant.

            Where a third party pays towards the deposit, the prescribed information must also be sent to that third party separately.

            It’s a good idea to make sure your tenancy agreement is an up-to-date one that takes into account and refers to the tenancy deposit scheme, giving details of the scheme used and the circumstances in which the deposit can be reclaimed.

            You must also provide your tenant/s and any third party/interested party who has paid/contributed towards the deposit, a copy of the relevant scheme leaflet.

            Recent changes in the legislation mean that when a tenancy becomes statutory periodic (this will be automatic when the fixed term ends unless another agreement is signed), and provided no other tenancy details have changed, then there should be no need to serve any further prescribed information, though you should inform your deposit scheme.
            Service: see my post #2, above
            To serve documents either post from a post office, get **free** proof of postage, or shove through letter-box, ideally with witness & photos (or both).
            Is that custodial or insured TDS??
            https://www.tenancydepositscheme.com/
            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...

            Comment


              #21
              I believe it is insurance.

              Comment


                #22
                Two related threads have been merged.
                I also post as Mars_Mug when not moderating

                Comment


                  #23
                  Hi
                  I have just looked out the memorandum of renewal made in 2016 and apparently the aggrement is 'supplemental to the tenancy agreement dating back to April 2012'.
                  Does anyone know if I can therefore consider this tenancy aggreement as prior to October 2015?
                  Thanks for any advice.

                  Comment


                    #24
                    There's no such thing generically as a "memorandum of renewal", so that isn't easy to answer.
                    Does it support the notion that a new tenancy has been started?
                    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


                      #25
                      Hello
                      Thanks for your reply.
                      It just says that 'This Agreement made this day of 2016 and is supplemental to the Tenancy Agreement (hereinafter called "the Agreement") made the xx April 2012 between xxxxxxx of the one part (hereinafter called "the landlord") and xxxx of the other part (hereinafter called "the Tenant").

                      Then it says the tenancy created by the Agreement in respect of ......... (hereinafter called "the Premises") will continue for a further period of twelve months.........

                      So I would say no it does not support the notion that a new tenancy has been started, I would say it supports the notion that it has been agreed that the tenancy will continue for a further 12 months.

                      So I am hoping this means the tenancy is prior to October 2015.

                      Thanks

                      Comment


                        #26
                        Only a judge could tell you for sure (& you don;t want to have to go that route). But I would be confident you have created a new, 12 month, fixed term (what else could it mean) so post Oct 2015 so do all those things listed earlier....

                        (No offence..) but thought about doing a course on being a landlord? It will usually save you more in time & money than it would cost you to do it.. (I speak from expensive, painful, very long-drawn-out, experience...)
                        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...

                        Comment


                          #27
                          Yes a good idea - no offence taken. I just didn't know how difficult it is!

                          Comment


                            #28
                            Suggest either
                            https://www.rla.org.uk/landlord/cour...e-basics.shtml
                            or...
                            http://www.landlords.org.uk/advice-s...-accreditation
                            - and join one of them!

                            Good luck
                            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...

                            Comment

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