Prescribed information on Tenant Renewal

by Readers Question

11:08 AM, 31st January 2015
About 4 years ago

Prescribed information on Tenant Renewal

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Prescribed information on Tenant Renewal

I have a tenant that stays in a room on a separate AST. Their contract comes to an end on 31st January 2015 and a signed contract for 1st Feb 2015 to 31st July 2015 was signed on 8th December 2014. Prescribed information on Tenant Renewal Prescribed information on Tenant Renewal

My question is when do I have to reissue the prescribed information to the tenant?

I assume I don’t have to redo the tenancy deposit completely again as there is no easy way with the deposit protection scheme without actually giving the deposit money back to the tenant and asking for it again?

Can the deposit be left in place and simply the prescribed information be issued again? If so when do I have to do this by?

Kind Regards

Raj



Comments

Mark Alexander

11:13 AM, 31st January 2015
About 4 years ago

Hi Raj

I don't understand why you have chosen to grant a new tenancy rather than allowing the existing tenancy to go statutory periodic but that's another matter and doesn't really address your question.

When a new AST is issued you need to start the entire deposit protection process again as opposed to simply re-issuing Prescribed Information as would be the case when allowing an AST to roll onto SPT. By issuing a new AST you have no choice in this matter now. Why did you issue a new AST so long ago and what date does the new AST come into play?

You have 30 days from the start date of the new tenancy to deal with Deposit Protection.

I recommend that you contact your deposit protection provider and get them to put their advice in writing for your own protection. Please note that all three providers have slightly different rules so any other answers posted on this forum might not be relevent to the provider you are using.
.

Raj Kirpalani

12:47 PM, 31st January 2015
About 4 years ago

Hello

The agent I am using created a new tenancy which starts on 01/02/2015. I presume this was to secure the tenant into another fixed term contract instead of letting it go into a periodic tenancy in which the tenant has more flexibility to leave. This house that I have rented is by individual room so the agent passes me the deposit and I am using the deposit protection scheme (www.depositprotection.com) custodial scheme where they hold the money. On their website there appears no easy way to just renew the tenancy and input the new start and end dates etc. It seems you may have to request a new deposit from the tenant and then give the old one back which seems idiotic if there is no issues.

I know it is different with mydeposits insured scheme which is easy to renew and pay a new fee.

I believed that the issuing the prescribed information again is all that is required if the tenant is the same staying in the same room with a new tenancy?

DPS are closed today so they are not able to help at the moment.

Michael Barnes

12:32 PM, 2nd February 2015
About 4 years ago

It is my understanding that you do not need to do anything with the DPS: the deposit will continue to be protected.

You need to issue the PI within 30 days of the start date of the new tenancy (you will be deemed to have received the deposit for the new tenancy at midnight at the end of the last day of the old tenancy).

The following is from the DPS web site:
If a deposit is protected and the tenant extends their agreement, what action needs to be taken?

A deposit will remain secured until a Joint Deposit Repayment claim is made by the agent/landlord and tenant(s). Therefore, there is no action required at the end of the initial tenancy period.

Raj Kirpalani

13:04 PM, 2nd February 2015
About 4 years ago

Hi Michael

Thanks, that is what I understood to be the way to go. I read the superstrike case document on the DPS where it says

Our position • We recommend that in order to ensure full compliance with the implications of the Superstrike decision, you should re-serve the Prescribed Information within 30 days of each renewal or the creation of a statutory periodic tenancy.

Ian Cognito

15:46 PM, 2nd February 2015
About 4 years ago

Hi Raj

I use DPS and can confirm that (for custodial scheme) deposit should be left in place and Prescribed Information re-issued within 30 days of new agreement start date.


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