Deposit PI - not signed by LL

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    Deposit PI - not signed by LL

    Hi all,

    Quick question - I have served tenant with his deposit protection PI but I can't remember whether I signed it. Is it likely that this would invalidate the PI?

    Thanks for any advice.

    #2
    There is no requirement for anyone to sign it. However, it is always best to have a signed copy each (you sign theirs, they sign yours)so that you can prove beyond doubt that you served it.

    Comment


      #3
      The landlord's signature is part of the Prescribed information (and the tenant's isn't).
      The landlord has to proved "a certificate signed by the landlord" that the information is correct as far as they know.
      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


        #4
        It's about semantics.

        There is no requirement to sign the PI (Prescribed Information). However, the PI states that the certificate confirming the deposit protection does need to be signed.

        So, no, the PI does not need to be signed, but the certificate has to be signed by the LL.

        I normally print my deposit certificates with the PI on the back, so no issues.
        I offer my advice freely, but I am not an expert, solicitor or judge. It is simply my experience of being a landlord and what I have learnt along the way. I make no warranty for my opinion.

        Comment


          #5
          Originally posted by Dinkum View Post
          I normally print my deposit certificates with the PI on the back, so no issues.
          The deposit certificate from the deposit scheme is not the 'certificate' mentioned here, which is part of the PI...

          Comment


            #6
            Originally posted by jjlandlord View Post
            The deposit certificate from the deposit scheme is not the 'certificate' mentioned here, which is part of the PI...
            Which certificate is being referred to then?

            As far as I am aware, there are 3 documents required in relation to registering a deposit:
            Copy of the deposit protection certificate/receipt,
            Prescribed Information and,
            The deposit protection scheme leaflet for tenants.

            Only one of those is a certificate. The PI contains the same information, but the format differs from scheme to scheme.

            MyDeposits version states:

            (vii) confirmation (in the form of a certificate signed by the landlord) that
            (aa) the information he provides under this sub-paragraph is
            accurate to the best of his knowledge and belief
            (bb) he has given the tenant the opportunity to sign any document
            containing the information provided by the landlord under this
            article by way of confirmation that the information is accurate to the
            best of his knowledge and belief.

            The certificate in this case is the Deposit Protection certificate provided by MyDeposits, that both the LL and T sign.
            I offer my advice freely, but I am not an expert, solicitor or judge. It is simply my experience of being a landlord and what I have learnt along the way. I make no warranty for my opinion.

            Comment


              #7
              There is one Prescribed Information document - which contains information required by law, which is in (slightly) different formats depending on which scheme you use.
              The content of that document contains the scheme's terms and conditions which may insist on the provision of their explanatory leaflet.

              The landlord has to sign to confirm that the information provided in the Prescribed Information is accurate as far as they know and that they have given the tenant the opportunity to sign the PI itself.

              If the deposit protection certificate/receipt does that and it's clearly part of the prescribed information, it might be part of the PI and be fine.
              But the PI should have a section to be signed by the landlord and by the tenant - and if the landlord hasn't signed their section, you might have to explain why you signed something else instead.
              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

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