Prescribed Info – can you serve late?

Prescribed Info – can you serve late?

16:11 PM, 3rd March 2022, About 4 months ago 2

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I am prepping for a Section 21 to be issued and just to make completely sure before I do this I am sending the tenant all the info that needs to be served beforehand again in hard copy form.

I sent the tenant a hard copy of the deposit certificate, t and c’s and Prescribed Information (PI) form in a letter in Nov 2018 (after the DPS confirmed they moved it to me from another Agent – so there was a new deposit ID etc). While I filled out my part of the PI, the tenant did not return the PI with her signature/date etc.

To cover me now and allow the S21 that I am going to issue to be upheld as served correctly (should it expire and then need to go through an accelerated process) do I resend her a hard copy of the deposit certificate, the t &c’s (the version they are now) and another filled in PI form and the request for her to return it again?

If so, do I date the PI form with today’s date?

Is this going to cause an issue as now this is clearly outside the original 30 days when it was originally forwarded?

Is it the actual deposit that has to be deposited within 30 days WITH the cert, t and c’s and PI sent to the tenant, or is it the deposit that MUST be deposited within 30 days only but ideally the rest of the docs?

I understand that as the deposit is clearly protected, the PI and latest t and c’s CAN be served again at any point, just as long as it is before the S21 is issued.

Can anyone confirm this?

Many thanks

DSR



Comments

Paul Hawkins

22:27 PM, 3rd March 2022, About 4 months ago

DSR,
This link may help answer in part some of your questions.
https://www.landlordzone.co.uk/news/test-case-servicing-a-section-21-notice-and-prescribed-information/
To be clear, what prescribed information are you referring to - is it the PI relating to the tenancy deposit scheme or the PI relating to gas safety cert, epc, how to rent guides, etc or both of these?

The cases referred to in the link, infer that provided any breaches of supplying the tenant with the PI are remedied prior to S.21 being issued, that is sufficient.

David

17:57 PM, 4th March 2022, About 4 months ago

As above, for s21 purposes you can serve the deposit PI later than 30 days from receipt of the deposit, as long as its before the s21 notice. If you do, then I think you would re-serve a copy of the PI you originally served, not a new one dated now. Make sure you have photographic evidence or a signed witness statement to what you are putting in the envelope.

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