Prescribed Information for Assured Shorthold Tenancies

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Transcription:

Prescribed Information for Assured Shorthold Tenancies This information is prescribed under the Housing Act 2004. That means that the two parties to the Tenancy Agreement must be made aware of their rights during and at the end of the Tenancy regarding the protection of and deductions from the Deposit. A1 Address of the property to which the tenancy relates Details of the deposit holder(s) A2 Name(s) A3 Actual address A4 E mail address (if applicable) A5 Telephone number A6 Fax number (if applicable) Details of tenant(s) A7 Name(s) A8 Address(es) for contact after the tenancy ends (if known) A9 E mail address(es) (if applicable) A10 Mobile number(s) (if applicable) A11 Fax number(s) (if applicable)

Please provide the details requested in A 7-11 for each tenant and for other relevant persons (i.e. agent, guarantor paying the Deposit etc) The deposit A12 The deposit is A13 The holder of the Deposit will register the Deposit with and provide other required information to the Tenancy Deposit Scheme within 30 days of the commencement of the Tenancy or the taking of the Deposit whichever is earlier and provide proof to the Tenant of compliance. If the holder of the Deposit fails to provide proof within 30 days the Tenant should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or other housing advisory service. A14 A leaflet entitled What is the Tenancy Deposit Scheme?, explaining how the Deposit is protected by the Housing Act 2004, is attached to this document for the Tenant by the person holding the Deposit being. At the end of the tenancy A15 The deposit will be released following the procedures set out in clauses of the Tenancy Agreement provided separately A16 Deductions may be made from the Deposit according to of the Tenancy Agreement provided separately No deductions can be made from the Deposit without written consent from both parties to the Tenancy Agreement. A17 The procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy is summarised in What is the Tenancy Deposit Scheme? Which is attached to this document. More detailed information is available on: www.tds.gb.com A18 TDS are specifically excluded under Statutory Instrument from adjudicating where, despite making reasonable efforts to do so, the Landlord or the Agent are unable to contact the Tenant, or the Tenant is unable to contact the landlord or the Agent. Under these circumstances, the Member must do the following: make every practical effort, over a reasonable period of time but for no longer than it would take for the ICE to resolve a dispute, to contact the (ex)-tenant/landlord using information readily available. determine dilapidations, rent arrears and any other prospective deductions from the deposit as they would normally do

allocate the deposit, pay the party who is present as appropriate, and transfer the amount due to the absent tenant/landlord to a suitably designated Client Suspense (bank) Account. A19 A formal record of these activities should be made, supported by appropriate documentation. A20 Following sufficient time (usually at least six years) having elapsed from last contact from the absent tenant/landlord the Member may then donate the amount allocated to them to a suitable registered charity subject to an undertaking that any valid claim subsequently received by the Member from the beneficial or legal owner would be immediately met by the Member from its own resources. A21 Should the absent tenant/landlord return within that period and seek to dispute the allocation of the deposit, the ICE may offer to adjudicate. The Landlord confirms that the information provided to the Agent (delete if landlord) and the Tenant is accurate to the best of his knowledge and belief and that the Tenant has had the opportunity to examine the information. The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this document that to the knowledge of the Tenant the information above is accurate to the best of his knowledge and belief. Signed by the Tenant Signed by the Landlord/Agent The Deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by: The Dispute Service Ltd PO Box 1255 Hemel Hempstead Herts HP1 9GN phone 0845 226 7837 web www.tds.gb.com email deposits@tds.gb.com fax 01442 253193

The Dispute Service Ltd also offers a service for enabling a dispute relating to the deposit to be resolved without having to go to court. IMPORTANT: (1) You must give this document to the Tenant/s and also to any third party (e.g. a parent) who has paid towards the deposit on behalf of the Tenant/s. (2) Where a third party has paid towards the deposit this must also be given to the third party and they must be asked to countersign as well. In all cases it must be given to the Tenant/s even if the whole deposit is paid by a third party on their behalf. (3) Make sure you give the Tenant/s and any third party) a copy of the TDS Scheme leaflet What is the Tenancy Deposit Scheme at the same time.

Completing the Prescribed Information for Assured Shorthold Tenancies A1- Enter property address A2- Enter name/s of deposit holder/s (landlord/s) A3- Enter landlord/s actual address A4- Enter landlord/s email address (if any) A5- Enter landlord/s telephone number A6- Enter landlord/s fax number (if any) A7- Enter name/s of tenant/s A8- Enter tenant/s address (es) after the tenancy has ended (this must be a forwarding address e.g. a parent s address) A9- Enter tenant/s email address (if any) A10- Enter tenant/s telephone number A11- Enter tenant/s fax number (if any) A12- Enter amount of deposit A14- Enter name of deposit holder/landlord A15- Enter the clause number/s from the tenancy agreement setting out the procedure for dealing with the deposit at the end of the tenancy (this will be A7 if you are using the RLA DepositGuard Assured Shorthold Tenancy Agreement). If you are using the RLA Addendum Agreement will be B4. Otherwise refer to your own tenancy agreement for the relevant clause number(s) to be inserted. A16- Enter the clause numbers from the tenancy agreement itemising what deductions from the Deposit can be made for (this will be A8 if you use the RLA DepositGuard Assured Shorthold Tenancy Agreement or B3 if you use the RLA Addendum Agreement. Otherwise refer to your own tenancy agreement for the relevant clause number(s) to be inserted. NB: Both the landlord/s and the tenant/s should sign at the end.