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Question

Deposits and Tenancy Deposit Schemes (England) | Prescribed Information (England)

Deposit scheme

15 Jul 2017 | 1 comment

I have not used a deposit scheme for my tenants who have been renting since Feb 2016. They are not responding to my messages to renew the tenancy agreement? Do I when they respond to the message give them the new tenancy agreement and along side it give them the perscribed information, epc and gas certificate and how to rent booklet. Do you think this will cause an issue that I have should have done all of this last year??

Answer

1 Comment

  1. guildy

    It’s better to get it all done at least now rather than not at all. Although there could potentially be problems, the past is the past so fixing it as quickly as possible is best.

    If they don’t reply about a renewal, you should get the EPC, gas safety and how to rent guide to the tenants as quickly as possible so they are at least done.

    However, the deposit is different because once you’ve missed 30 days, there’s no going back. The only way to serve a section 21 (the notice asking them to leave without giving a reason) is by returning the deposit in full. In our view, this might be something to consider doing now even if you’re not wanting them to leave. By acting now – as soon as you became aware – may help reduce any future penalty which is between 1 and 3 times the deposit at the discretion of the court. Showing you acted in returning the deposit will assist reducing that penalty should the tenant seek it.

    There is no point protecting the deposit because it’s too late and would need returning to serve notice even if protected.

    If you then agree a renewal, you could then take the deposit back off the tenants for the renewal tenancy and protect it promptly. That won’t fix the previous failure but should allow a section 21 going forward on the new tenancy.

    Please see here for information about not protecting a deposit.

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