The Dreaded Prescribed Information!

The Dreaded Prescribed Information!

13:00 PM, 1st July 2015, About 9 years ago 18

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I had a tenant in one of my properties, they moved in in 2011, I duly lodged the deposit with the DPS, printed out the certificate and prescribed information, took it personally to the tenant for signature and then duly gave her a copy.proof

They recently moved out leaving quite a lot of damage. I had verbally agreed to the daughter having a kitten, tenant then informed me that she had adopted a dog, I verbally agreed on the proviso that any damage caused by the animals be made good prior to them vacating the property. unknown to me they then adopted 2 more cats, all indoor cats. I felt a bit mean asking them to get rid of the animals as the daughter was very attached to them, so again tenant agreed to make good any damage and ensure that the carpets were cleaned.

The tenants moved out prior to the end of the tenancy agreement but still paid rent until the due date. The tenants did not turn up for the checkout inventory and posted the keys through the letter box.

Tenants duly applied for return of the deposit from the DPS, so they knew it had been lodged there, I refused as I wanted some payment towards the costs incurred in making good the property. I duly informed the tenant and included pictures of the damage, invoices etc. I heard nothing so sent all relevant photos etc to the DPS so we could use their ADR procedure.

I subsequently received one of those lovely letters from a ‘no win no fee’ solicitor stating that their initial investigations at the DPS suggested I had not supplied tenants with the prescribed information and demanded the deposit and compensation of 1 1/2 times the deposit. No problem I thought as I knew it had been done correctly, but I cannot find my copy of the signed certificate anywhere.

I have a few questions, if it goes to court will I loose and have to pay back the deposit and 3 times the amount plus their court costs? Should I employ legal representation?

Would I be better to pay up what they are asking now rather than 3 times the deposit if it goes to court?

I did ask my tenant find agent to re sign the tenant when I put up the rent but I failed to supply the prescribed information again.

If I loose the case can I take out a private claim against my tenant for damaged caused?

A solicitor I spoke to briefly suggested that I call their bluff as it is the tenants word against mine and the deposit had been correctly lodged with the DPS.

I am sure someone on here will have had a similar experience and I would be really grateful for any advice.

Many thanks

Kathy


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Comments

Gilly

20:52 PM, 6th July 2015, About 9 years ago

Go for it Kathy.

You have done the right thing and surely shouldn't be penalised for losing your copy (or can you - is that the crux of the matter here?). If they are saying they have proof it wasn't registered then there is something fishy and it makes me mad when people just try it on for the sake of it. There are so many cases that are not in the spirit of deposit registration and this sounds like yet another - however I would still go for a compromise, just because four years hassle free is bliss.

Ray Mo

16:42 PM, 7th January 2018, About 6 years ago

Just by way of background for my own case, I had a 12 month tenancy agreement (March 2016) which has since rolled onto a periodic tenancy agreement.

This agreement was for a tenant and I "thankfully" had their guarantor included in the tenancy agreement.

Separately, for the tenant's deposit (as far as I am unaware is unrelated to the guarantor), I had only given prescribed info to the tenant and nothing for the guarantor.

Have I landed myself in hot water.

I have so far only issued a section 21 (no rent arrears)...

When it comes.to the possession order I had intended to bundle in all the court related fees by way of a Money Judgement. But now wary I'm case my prescribed information was not sufficient due to omitting the guarantor.

Appreciate any thoughts on my situation...

Thanks
Ray

Eps

14:35 PM, 8th January 2018, About 6 years ago

@ Ray Mo - I am still trying to learn about the deposits myself and can only add, who paid the deposit, who is named on the deposit scheme you use? Surely the prescribed info needs to go to only the named person?

Ray Mo

8:58 AM, 9th January 2018, About 6 years ago

Reply to the comment left by Bonnie Scott-Laws at 08/01/2018 - 14:35
Thanks Bonnie, I was thrown on a slight wild goose chase due to the below article:

https://www.landlords.org.uk/news-campaigns/news/regaining-possession-where-tenants-are-arrears

Deposits, firstly. Landlords have to make sure they have provided a copy of all certificates, terms and conditions, leaflets and any other 'prescribed information' to all tenants, guarantors and any other 'relevant persons', including the tenant's mother or grandmother if they paid some or all of the deposit directly to the landlord.

In my case, I had the Guarantor listed on the tenancy agreement but the cash deposit was taken from the tenant. To my knowledge there was no involvement of the guarantor with the deposit.

My concern was if I had to prove this point regarding the guarantor, however the burden of proof is on the tenant/guarantor to show they had paid directly to me (i.e. cheque, bank transfer and even if in cash, one would reasonably expect written confirmation or receipt).

So after contacting various SMEs, I should be fine as I have given the prescribed info to the tenant and they are the only ones named in the DPS too.

I have since served the S21 notice and will wait two months before applying for a Possession Order and Money Judgement.

Eps

12:11 PM, 9th January 2018, About 6 years ago

Good to know, thanks.
It seems entirely logical this way - for once!
Hope you get the result to want.

AA

15:45 PM, 11th January 2018, About 6 years ago

Reply to the comment left by Ray Mo at 09/01/2018 - 08:58
Ray - you have in the lease the following "the tenant confirms any monies received by the landlord from any third party account in relation to the tenancy are monies belonging to the tenant and any such transaction engaged in is a medium of convenience for the tenant." Or something like that. After all if Billy Bobs mummy pays the deposit on behalf of Billy Bob electronically and you have never met her saw her or ever spoken with her how the **** would you get the docs out to her?

Ray Mo

17:11 PM, 11th January 2018, About 6 years ago

Reply to the comment left by Asif Ahmed at 11/01/2018 - 15:45
That's great literally just typed that into my AST template. Will consider adding something about recouping eviction/ court costs too...unless you have that handy too

H B

17:11 PM, 13th January 2018, About 6 years ago

Reply to the comment left by Kathy Harrison at 06/07/2015 - 13:59
Your word against theirs but the weakness is that you do not have yours.
My guess is that you did have your copy briefly, but accidentally gave it to or left it with the clien along with their copy - an esay oversight when there is lots of paperwork. They know you don't have it and so know they have you over a barrel.

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