Monday, 18 June 2012

To avoid problems with potential claims in regard of placing the tenant's deposits in a Tenant's Deposit Scheme.

1. Include the letting agent as a party if they took the deposit.

2. Ensure that the Tenant's deposit is protected in a Tenancy Deposit Scheme within 30 days of receipt.

3. Ensure that the prescribed form is served within 30 days.

4. If you have not protected the tenant's deposit you cannot serve a valid  Section 21 Notice of Quit.

5. If you have placed the deposit monies in a Tenancy Deposit Scheme but have not served the Presribed form this can be done afterwards.   This will enable you to serve a Section 21 Notice to Quit, however, the tenant can then make a claim against the Landlord.

6. All relevant parties should be served with the prescribed form to include possible credit card companies through whom the deposit may have been paid.

7. Relevant parties can include anyone who paid the deposit on the tenant's behalf i.e parents of tenants etc.

8. If you are 1 day late placing the deposit in a Tenancy Deposit Scheme a tenant can still make a claim against you.

This published article may contain information of general interest about current legal issues, but does not give legal advice

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