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Question

Deposits and Tenancy Deposit Schemes (England) | Duty to Provide Name and Address of Landlord (England) | Tenancy Agreements (England)

Prescribed info, new landlord old tenancy.

12 Apr 2016 | 1 comment

Hi Adrian

One of our existing Landlords has just purchased a new property which is currently let out. The previous landlord had them on a basic AST and took deposits which have been paid into the DPS and now moved across to our DPS account, therefore we hold them. The Previous Landlord did not issue prescribed information, so we are now unclear what to do.

The current contract ends in 2 months, so we wasn’t going to get the tenants to sign a new one, but are we able to issue a new prescribed information without issuing a new tenancy? or are we better to simply return the deposits back to the tenants.

Regards

James

Answer

1 Comment

  1. guildy

    Nice and easy this one!

    Two things to do:

    1. Issue prescribed information containing the new landlords (or your) details. Because it’s beyond 30 days it might be that a penalty is payable but in my view that would be for the old agents to worry about. You will be able to serve a section 21 notice in the future.

    2. Issue a section 48 notice which will change the landlord from the old to the new.

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