How to resolve an issue if you failed to protect a deposit correctly

How to resolve an issue if you failed to protect a deposit correctly

8:43 AM, 23rd January 2015, About 7 years ago 14

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I have a tenant who has been in the property a number of years and generally is ok. However recently the management agents of the block are coming down on occupiers who dry their washing on the balconies. I have had a number of letters from them about him and I have written and spoken to him and asked him to stop.

But he is still doing it and it looks like I may need to serve a section 21 notice to stop the managements agents harassing me (the main and sub lease forbids it). But he has been in the property a while and originally I did not protect the deposit (I subsequently did a while ago when I realised I had not done it originally)

What should I do. I know I should have protected the deposit within 28 days but did not and I’m being backed into a corner with the management agent that means I may have to ask him to leave.

I have to move on and resolve the problem and face the issue/consequences. I cannot be the only person to find themselves in this situation

N Haywashing



Comments

by Dr Rosalind Beck

13:40 PM, 25th January 2015, About 7 years ago

My understanding is that they have 6 years to lodge a case against you and so you just have to hope they don't get persuaded by a no-win, no-fee firm in the next 6 years. In these circumstances I would lodge the deposit now, because then they might well not realise or know the law on this and if they get approached in the future they might think 'Oh I remember my deposit being protected,' and they'll probably think it was done within the time scale. Just my opinion. It might be just as effective to give it back though. If I did that I'd just say that I no longer keep deposits so I'm giving you yours back.

by ashley nissim

16:30 PM, 26th January 2015, About 7 years ago

Reply to the comment left by "Rosalind " at "23/01/2015 - 17:00":

Hi Rosalind

This is something that most Landlords, and some Agents, fail to understand. When you initially protect the deposit you can download the Deposit Protection Certificate. This will also include the Prescribed Information. You must also download the latest Information for Tenants leaflet.

You cannot rely on the expectation that DPS will email the certificate etc to your tenant. You must be able to prove in court that YOU have provided the tenant with all three documents. I send all 3 by email and a hardcopy by post with a stamped addresses return envelope that has a page for the tenant to sign & date to confirm receipt of all three.

At the end of the initial contract period, when it enters a periodic tenancy, you MUST go back to the DPS and tick that this tenancy has entered 'periodic'. You MUST also re-send all three documents again (with any updated Information for Tenants leaflet). I carry out the same process at this stage and send email & hard copy with return envelope.

If you do not re-send the documents you can be fined as if you didn't protect the deposit. You will also not be able to gain vacant posession via a Section 21.

This is why I suggest returning the deposit. Yes, you may still be fined if the tenant really tries to pursue you, but you WILL get them out of your property.

There was talk of Parliament refining the laws on this, but until that happens Ian's advice is incorrect. I have had clients serve a Section 21 notice and end up being fined for not being able to show that the Information for Tenants leaflet was re-sent when the contract entered Periodic.

by Ian Cognito

17:43 PM, 26th January 2015, About 7 years ago

Reply to the comment left by "ashley " at "26/01/2015 - 16:30":

Hi Ashley.

With specific regard to DPS, there is:

1) The Prescribed Information Template, which requires completing with Property, Deposit, Landlord and Tenant details.

2) The Custodial or Insured (as applicable) Terms and Conditions.

As far as I am aware,the only information missing from above is the Deposit ID Number which, once obtained, can be manually added to the PIT.

If the Tenant does NOT receive an email from DPS with confirmation and his unique Repayment ID Number, then he can, and should, contact DPS. This is what I advise Tenants.

Is there such a thing as a Deposit Protection Certificate? I am quite sure that DPS do not refer to it..

by Michael Barnes

10:36 AM, 27th January 2015, About 7 years ago

Reply to the comment left by "Ian Cognito" at "26/01/2015 - 17:43":

I believe Ashley is referring to the (relatively new) insurance scheme introduced by the DPS.

For the custodial scheme I believe there is no certificate for the landlord to access and the DPS passes the information regarding the deposit direct to the tenant (including log on information which the landlord should not have access to).

I always email my tenants a few days after putting the deposit into the custodial scheme asking them to confirm that they have received info from the DPS and reminding them to keep it as it will be needed at the end of the tenancy.


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