Eviction without deposit PI served?

Reply to the comment left by CYRIL STALEY at 28/06/2022 - 15:17
When your deposit is secured with the DPS, they email a certificate to the landlord.
Then the landlord checks that everything looks ok on their account goes into the deposit secured and clicks "prescribed information" which populates with the tenants details and then you send it to the tenant and get them to sign it, you also need to send the tenant the terms and conditions of the scheme. Otherwise the necessary documentation hasn't been done within the 30days.

I've was involved in a situation where the agent, had simply sent the deposit certificate to the tenant and once it was pointed out that the paperwork was incomplete, the agents then blamed the landlord and the landlord agreed two months free rental while the tenants looked for somewhere else, to avoid the higher penalty and struggling to get the tenant out.

If citizens advice or shelter gets involved they will give your tenant free legal services and you will be fined.

Reply to the comment left by Chris Bradley at 28/06/2022 - 21:06
Hi
If your approach works for you, then who am I to query it?
I have a different approach.
My prospective Tenant has to place cleared sums in my bank account equal to the the first month's rent plus the deposit amount capped at 5 weeks' rent on or before the signing of the AST.
The prescribed information has a clause (I cannot now reproduce the exact wording) to the effect that the Tenant has read it and has raised any concerns with me or Agent before signing it.
Your method complies with the deadline but prima facie the Tenant never received the PI to raise any concerns, if he had any.

Reply to the comment left by Suresh Parikh at 28/06/2022 - 19:40
Suresh
Your kind detailed instructions worked perfectly and provided immense relief to me.

All the requirements of (c) through to (g) (vii) (bb) are actually contained within the AST exchanged with my tenant before his tenancy started. HUGE RELIEF.

My dreadful letting agent did not however do the following.

1/ Right to Rent check. Fortunately he is English and permitted.
2/ How to Rent Guide.
3/ EPC.
4/ Referencing.
5/ Inventory.
I have served 2 and 3 late with a handwritten inventory 7 months late. Obviously of little use.

I started from the back foot, never having rented nor let previously in my lifetime. Totally unknowing and trusting, having appointed an agent to handle matters.

With the government banning S21 and my tenant deciding to buy a flat upstairs in the 5th month of the 12 month fixed term and with my agent saying he could use a none-existent BREAK CLAUSE, I went immediately into investigation mode.

Ian, so much for paying professionals and trusting them to act correctly in one's best interests.
It was their total lack of due care and attention that had me looking into legalities myself with the intention of paying a well-advised solicitor/barrister (by me) should I proceed along the eviction route.

My investigation tells me, S21, even if not banned, is dodgy, whereas the S8 ground 1 prior occupation is rock solid now I can see, thanks to Suresh, that the DPS prescribed information was fully served to the tenant before occupation after deposit payment to them.

Well done Suresh.
We oldies can still show our mettle.

Reply to the comment left by CYRIL STALEY at 28/06/2022 - 21:40
Hi Cyril
You have my permission to call me an old codger, if you wish.
However, Ian is right.
Renting qua Landlord is fraught with hidden traps.
No use blaming anybody.
The government keeps changing in minor details the How to Rent Guide.
So please make sure it is the latest edition.
I do not want to give away my approach, but my Application Form to be completed by the Tenant is a solid form, stating my ICO and DPS number.
The Applicant (Prospective Tenant) agrees to accept service by e-mail in pdf format and not, for example, by a link.
A link is not permitted.
A Tenant can demand paper copies.
Think of the fortune on ink cartridges.
He signs on the Application Form that he will accept service of all the pre-tenancy documents by e-mail.
Since I am registered with the ICO, I have a brief GDPR policy statement as well on the application form.

Thank you Suresh

I don't like the word codger but I do prefer old girl.

My AST started 1/11/21 and DPS registration is dated 8/11/21. Only on 10/06/22 did I receive the DPS certificate of registration. Only then because I demanded proof that the agent had actually paid the deposit to the DPS.
That same day I demanded proof of the Right to Rent check having been made before the tenancy. The agency gave me an almost unreadable printout of the check certificate. Using a magnifying glass I discovered the date was that day, June 10th 2022.

Currently, having just paid over a £1,000 to get an EIRC, (regarding which i was completely ignorant), I am thinking of letting the tenancy run into the periodic stage as it seems clear that S8 ground 1 or something like it will survive.

Thanks to all the folks who have helped me along the way.

Cyril

Reply to the comment left by CYRIL STALEY at 28/06/2022 - 23:01
hi Cyril
This is not advice, merely without prejudice comments designed to assist you.
1. If your Tenant is leaving you because he is buying a flat upstairs, you should breathe a sigh of relief and not pick a quarrel with him.
Never mind whether there is a break clause or not.
Never mind whether he gives you notice or not.
2. I suspect you are troubled in case he sues you. There are many solicitors who thrive on landlord errors and "ignorance" (your own word).
3. Any Agent acts on your behalf. In law, you are the "Principal." You may have committed many errors: whether they are committed by you or by the Agent.
Virtually, each error has a consequence.
4. I always insist on seeing all the documents before forming an opinion. What a client says is often different from what the documents reveal.
5. It is wrong (I use a non-legal term) to let without an EICR.
6. You said you would prefer to let the tenancy run as a periodic tenancy..
7. It is not your choice. A periodic tenancy arises by operation of law.
8. The pertinent question is: is it statutory or contractual?
9. If it is a statutory periodic tenancy, then it is a new tenancy, and you must serve all the pre-tenancy documents once again.
10. I cannot reiterate strongly Ian's original advice: if you are worried, then go to a good solicitor.
11. I do not know whether Ian is a practising solicitor. If he is, then he would be the obvious choice.

Reply to the comment left by Suresh Parikh at 29/06/2022 - 13:33Many thanks for your much appreciated advice Suresh.
Electrical work done this morning but EICR only comes after payment by bank transfer - cheque not acceptable.
No arguments with tenant, first contact with him by me, since 6th April when he said he would pay no more rent as buying upstairs, he still is - hopefully successfully.
If he doesn't buy I will serve rent rise form with notice for 5% increase as per AST limit and allow him to stay on if he raises no more arguments. Otherwise S8 ground 1 which I think is rock solid. Lived there 2004 to 2019.
We will never rent again - bad experience.
Ian is a solicitor - 35 yrs. Just tap his name with the dark surround.
I feel more relaxed now as PI for DPS deposit is at the end of our AST generally as per the FORM you kindly directed me too.
Keep well
Cyril

I learned my lesson. I definately did give the tenant both the certificate and PI. What I didn't do was have them sign my copy to say they have received it. I evicted the tenant, but they said they never received the PI in court, and this delayed everything. Its your responsibility to ensure they are given the correct documentation, including the PI. I now have 2 copies, and have the tenants sign everything. Not worth the hassle later