Accelerated Process – solicitor says no!?

Accelerated Process – solicitor says no!?

10:38 AM, 26th January 2023, About A year ago 18

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Hello, a S21 was issued to a tenant with expiry in mid Dec. I then contacted my insurance to progress the accelerated process. They contacted the legal company that I have cover with as part of my policy.

They have come back to me stating S21 is deemed invalid and that they will not progress for the following reasons:

  1. The tenancy deduction clause has not been included in the prescribed information
  2. I cannot see that a hard copy of the DPS T&C’s has been provided to the tenant
  3. The most recent How to Rent Guide was not served on the tenant at the point when the tenancy went periodic.

Can anyone help/clarify on point 1 and 3 please? (Point 2 already sent done – solicitor clearly not read evidence attached to claim showing all deposit info including T&C sent to tenant and her acceptance of this within the required timescale).

As far as I am aware, evidence of serving the PI ONLY is required to fulfil the S21 requirement… and the H2R guide is not necessary as (a) the contract is a rolling periodic and not a new contract and (b) there has been no version update to it anyway. (NB the guide was served correctly before the start of the tenancy).

Thank you,

Reluctant Landlord


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Comments

Reluctant Landlord

15:44 PM, 26th January 2023, About A year ago

Reply to the comment left by Rumble at 26/01/2023 - 15:33
I wasn't clear - I meant if the original PI was re-served, the missing clause info would have to be put in so do you just add this is then re serve the same document again (bearing in mind that the LL and tenant have already signed this previously)
OR
do you have to complete a whole new PI form, include the missing clause info then sign and date yourself (what date?) and ask the tenant to re sign and date (what date?)

I am aware that you risk alerting Tenant to it not having put all the info in the section of the form in the first place (despite it being served within 30 days) but they would have to take you to court to do this after the event. Not sure it would be financially worth them bothering?

Any one know of any case law on this as I am REALLY curious now the question has been asked!

Rumble

16:07 PM, 26th January 2023, About A year ago

Reply to the comment left by DSR at 26/01/2023 - 15:44
"do you have to complete a whole new PI form, include the missing clause info then sign and date yourself (what date?) and ask the tenant to re sign and date (what date?)"

You need to give the tenant the opportunity to sign any document containing the prescribed information to confirm its accuracy. Therefore, if you are adding/changing information, they need to be provided with a fresh chance to sign it. If the document you use specifies the date of signature, then that is date that should be used. However, I don't think a date is legally required nor is the tenant's actual signature; just that they were given the opportunity to do so.

"Not sure it would be financially worth them bothering?"
They can be awarded up to 3x the amount of the deposit which is not small change.

"Any one know of any case law on this?"

Ayannuga v Swindell is somewhat related.

Mek Kah

10:32 AM, 27th January 2023, About A year ago

Print off a new PI, complete the deduction clause
print off the latest H2R guide and serve both of these docs along with a new s21.

In the covering letter give your tenant a specified time, i.e. 7 days to read, sign and return PI. (if they don't adhere to this that's on them)

Complete a certificate of service.

Bobs your uncle.

CMS

2:47 AM, 28th January 2023, About A year ago

Hi, so far as I am aware:

1. I am not familiar with the term the solicitor has used but assume that they are referring to a provision in the PI that states when you can make deductions from the deposit. If this is the case and the PI you served does not contain this information then, if the tenant raises this as a defence to your section 21 notice, then there is every chance that the Judge holds your notice invalid.

2. It would be unusual for a landlord to have provided the PI and deposit certificate but not the schemes t&c's. Are you sure that the solicitor is right?

3. If (a) the how to rent booklet has been updated since the tenancy started; and (b) the tenancy is now a statutory periodic tenancy; then you should have served the new booklet before the section 21 was served unfortunately. Having said that, you have said that the booklet has not changed in which case you don't need to reserve.

Darren Peters

10:05 AM, 28th January 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 26/01/2023 - 14:39
Judith, is there something that can automatically notify you that this has been updated.

DPT

16:43 PM, 1st February 2023, About A year ago

If the deposit PI was not correctly drafted, (omitted clauses), then it cannot be deemed served and the s21 would be invalid.

The requirements of the How to Rent guide are that for any replacement tenancy, (include an SPT), if the publication has been revised since it was last served, an updated copy must be served prior to service of s21.

You can correct all these errors now and re-serve the s21 notice

Reluctant Landlord

16:51 PM, 1st February 2023, About A year ago

Reply to the comment left by David at 01/02/2023 - 16:43
an updated copy - you mean the very latest one or ALL the previous ones (if applicable) since the initial one was served at the start of the tenancy?

DPT

13:01 PM, 2nd February 2023, About A year ago

Reply to the comment left by DSR at 01/02/2023 - 16:51
I mean only the one that is current at the time of the replacement tenancy.

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