Tenancy Deposit Protection

Transcription

1 Tenancy Deposit Protection Prescribed information for the purposes of section 213(5) of the Housing Act 2004, and in accordance with Statutory Instrument 2007 No 797, the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 [applicable to England and Wales] To: From: ( the tenant ) ( the landlord ) 1. Tenancy details On you paid the sum of ( the deposit ) to me/us in respect of your tenancy of ( the tenancy ) The terms of the tenancy are set out in a tenancy agreement dated ( the tenancy agreement ). 2. Authorised tenancy deposit protection scheme details Your damage deposit has been protected with the following authorised tenancy deposit scheme : ( the scheme ) Name of the body of person maintaining the scheme used: ( the scheme administrator ) Section 213 Form. Page 1 of 4

2 3. Contact details: The landlords contact details are as follows: The tenants contact details are as follows: Separate contact details provided by the tenant for the landlord and the scheme administrators to contact the tenant at the end of the tenancy: Note - if any of the tenants contact details are incorrect the tenant should inform the landlord as soon as possible. 4. Returning the deposit The tenant has requested that at the end of the tenancy the deposit should be returned to (please select) The tenant whose details are given above, or Section 213 Form. Page 2 of 4

3 being one of joint tenants, whose contact details are as given for the tenant above, or 5. The circumstances under which the landlord may retain all or part of the deposit The landlord may make such deductions from the deposit as are reasonable should the landlord suffer any loss as a result of the tenant s breach of the terms of the tenancy agreement. This includes non payment of any rent lawfully due from the tenant in respect of the tenancy. Further details are set out in section * of the tenancy agreement. (*insert the clause number of the tenancy agreement which deals with deductions from the deposit) 6. Other required information Attached to this notice is: A copy of the scheme terms and conditions. This sets out information relating to: The operation of the provisions relating to tenancy deposit schemes contained in sections 212 to 215 of, and Schedule 10 to the Housing Act 2004 The procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the tenant at the end of the shorthold tenancy The procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy; The procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit; The facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation The following leaflet(s) published by the scheme administrators; Section 213 Form. Page 3 of 4

4 7. Landlord s certificate I confirm that: the information provided in this notice and attachment(s) is accurate to the best of my knowledge and belief I have given the tenant the opportunity to read and sign a copy of this notice 8. Tenants confirmation (or the confirmation of any relevant person, i.e. any person who paid the deposit on behalf of the tenant): I confirm that I have been given a notice of which this is a true copy. To the best of my knowledge and belief the information contained in this notice is accurate. Section 213 Form. Page 4 of 4

5 Notes and instructions This form will enable landlords whose tenants have paid deposits to comply with the requirements of section 213 of the Housing Act Note however that this section only applies to: Assured shorthold tenancies where A tenancy deposit has been paid to the landlord after 6 April 2007 or A new tenancy is granted to an existing tenant who paid a tenancy deposit to the landlord before 7 April Although it is open to the landlord to protect other deposits if he wishes. Some types of tenancy, for example Tenancies protected under the Rent Act 1977 Assured tenancies, or Common Law Tenancies, i.e. those where the rent is over 100,000, or where the landlord lives in self-contained accommodation in the same building (other than in a purpose built block of flats), or where the tenant is a limited company, are not subject to the tenancy deposit scheme regulations. Neither are deposits paid by lodgers, as they are not tenants. For more information, see the articles and FAQ in the Landlord-Law tenancy deposits sections. This form is suitable where the deposit is protected with DPS, My Deposits and TDS. Note that some schemes provide their own forms which you may prefer to use. However the information must be provided whenever a relevant deposit is paid. You should provide the tenant(s) with a written form of tenancy agreement as well as this form. Landlord and +Plus members of Landlord Law will find forms they can use in the Tenancy Agreements section of the site. When to use this form The information in this form should be provided to the tenants within 30 days of the deposit being paid to you. The tenancy deposit scheme you are using will also provide you with paperwork which needs to be served on the tenant/s in addition to this form. Note that it is the date that the deposit is paid to you which is the trigger for the start of the 30 day period, NOT the commencement of the tenancy agreement. It is essential that this form and any additional paperwork is served on the tenants within the 30 day deadline or you will have no defence to a claim by the tenants for the penalty payment AND there will be problems using the section 21 notice procedure for eviction. Provided the deposit money has been paid to you and you are certain that any cheques will not bounce, the best time to serve this notice will be when the tenants come and see you to sign the tenancy

6 agreement. The tenants will be able to check the information given so any errors can be amended, and they will then be able to sign the tenants certificate on your copy to confirm receipt. Note that you must also comply with the provisions of your chosen tenancy deposit scheme as soon as possible (i.e. within the 30 day deadline) after the money has been paid to you, either by notifying and paying the money to the scheme administrators (for the custodial scheme) or by following the proper notification procedures for the other two schemes. Completing the form First give the names of the tenant(s) and the landlord(s) as they are written in the tenancy agreement. Do this by typing these into the fields you will find by clicking next to the words To and From. If you have problems completing the form, please see the guidance given on the Landlord-Law help section for pdf documents (you will find a link to this at the top right of the Landlord Law site). Then complete the following sections as follows. 1. Insert the date when the deposit was paid to you (this may not be the same as the date the tenancy agreement signed or the date the tenancy starts). The put the amount of the deposit. Underneath this type the full address of the property, the same as it is given on the tenancy agreement. 2. Enter the name of the tenancy deposit scheme you are using, along with the scheme contact details. You will be able to find these from the scheme website (I did use to have these on the form, but the schemes keep changing them!) 3. This section has the contact details for the parties to the agreement. First put the landlord s name, address and other contact details in the various fields. If some of these do not apply, for example if you do not have a fax, just put N/A or none. Then give the contact details for the tenant. The address will normally be the property address. The regulations also require you to include on the form an address to contact the tenant/s after the tenancy has ended. This is to use in case the tenant needs to be contacted regarding the deposit for example so you know where to send the deposit money. Have a word with the tenants and see what address they would like you to put here. Often the address of their next of kin will be suitable. If they are unable to provide an address you will have to put not known here. But try to get something if you can. 4. This section gives information about returning the deposit. Select one of the three options. If the first option is selected, you will not need to do anything else. If the second option is selected, give the name of the tenant who has been nominated to receive the deposit on behalf of all the tenants. The third option should be selected if the deposit has been paid by someone other than one of the tenants, for example by a parent in a letting to students. In this case, complete the name and contact details for this person (known as the relevant person ). If the deposit has been paid by more than one person, then they will need to select one of them to go here.