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fitness 1978
01-04-2010, 07:38 AM
I am an unexperienced landlord and when my new tenant moved in i didnt participate in the scheme. I have now asked her to leave but cant serve a section 21 because i didnt enter scheme, im worried now obviously! I dont know if i give her the depsoit back now she wouldnt be able to sue me for 3 x this (if she decided to) or if i should now enter a scheme? Please help!

mind the gap
01-04-2010, 07:55 AM
I am an unexperienced landlord and when my new tenant moved in i didnt participate in the scheme. I have now asked her to leave but cant serve a section 21 because i didnt enter scheme, im worried now obviously! I dont know if i give her the depsoit back now she wouldnt be able to sue me for 3 x this (if she decided to) or if i should now enter a scheme? Please help!

You can either
(a) protect it immediately in one of the three approved schemes and supply her with the prescribed information - I recommend the DPS, which is free and quick to register with online. This is your safest bet if it will be a while untile she leaves - you may need to claim for damages/cleaning.See: http://www.depositprotection.com/

or you can

(b) return it in full. This is the easiest option but leaves you with nothing to fall back on if she causes damage.

Either way, she will not be able to claim the 3x penalty, if a recent case is to be accepted as a precedent.

Please read up abouit deposit protection before you take a deposit from the next tenant! See:

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_schemes

jeffrey
01-04-2010, 14:38 PM
I am an unexperienced landlord and when my new tenant moved in i didnt participate in the scheme. I have now asked her to leave..
On what grounds? Has T broken an obligation of the Letting Agreement (e.g. paying rent, keeping premises/furniture in good condition, etc)?

westminster
01-04-2010, 14:56 PM
You can either
(a) protect it immediately in one of the three approved schemes and supply her with the prescribed information - I recommend the DPS, which is free and quick to register with online. This is your safest bet if it will be a while untile she leaves - you may need to claim for damages/cleaning.See: http://www.depositprotection.com/
To clarify, the TDS will not accept a late deposit submission as it's contrary to their T&C. Mydeposits require a satisfactory explanation (which fitness1978 doesn't have) before they will consider accepting a late submission, and may cancel the LL's membership if he asks too often.

The DPS (as you recommend) will not only accept late submissions with no questions asked, but in using the DPS fitness1978 is wholly protected from a non-compliance claim due to the recent high court ruling.

westminster
01-04-2010, 15:00 PM
I am an unexperienced landlord and when my new tenant moved in i didnt participate in the scheme. I have now asked her to leave but cant serve a section 21 because i didnt enter scheme, im worried now obviously! I dont know if i give her the depsoit back now she wouldnt be able to sue me for 3 x this (if she decided to) or if i should now enter a scheme? Please help!
Protect it with the DPS as MTG recommends. Note that deposit protection is a two-step process and you must also provide T with the prescribed information in order to fully comply with the regulations.

Template here https://www.depositprotection.com/public/documentlibrary/agentinfo.aspx

It is essential to keep a copy and get proof of posting in the form of a free certificate of posting. Note that T doesn't have to sign anything, proof of posting is enough.

Evergreen
06-04-2010, 21:43 PM
sounds like the DPS is the most flexible scheme for protecting deposits!

is there a difference in price?

should they always be posted to tenants, with proof of postage kept as a record?

thanks

westminster
07-04-2010, 00:18 AM
sounds like the DPS is the most flexible scheme for protecting deposits!

is there a difference in price?
I believe DPS is free, and the other schemes charge.


should they always be posted to tenants, with proof of postage kept as a record?

If you mean the prescribed information, yes, it should be posted to T with proof of posting. You should also keep a copy for the record, together with the proof.

Evergreen
08-04-2010, 07:38 AM
hi

i've just protected the deposit via the DPS

they are asking me for payment of the deposit

i didnt realise i had to send them the deposits aswell!

what r the other options of registering deposits without the hassle of sending them the deposits?

thanks

mind the gap
08-04-2010, 07:44 AM
hi

i've just protected the deposit via the DPS

they are asking me for payment of the deposit

i didnt realise i had to send them the deposits aswell!

what r the other options of registering deposits without the hassle of sending them the deposits?

thanksI think the reason the DPS wants you to send the tenants' deposit is so that they can, er, protect it.

It really is no 'hassle' - unless, of course, you have already spent your tenants' deposit. (Have you? In that case, you will have to pay it back/into the scheme out of your own funds). You just transfer the money electronically from your online bank account to theirs. You can also post them a cheque. See https://www.depositprotection.com/public/faqs.aspx?section=Submissions#Q1

As westminster says, in your situation you have no choice but to use the DPS as the other two schemes will not accept you at this stage.

You cannot have it both ways, I'm afraid. If you do not want to give the money to the DPS, you will have to give it back to the tenant, or risk being sued for 3x the deposit's value (as well as for its return in full).