Further Warnings to Landlords about Tenants Deposit Protection

Hi Mark

If you have a PayPal account you can take payments that way - but as I outlined above it is fraught with danger for me to consider it

Regards

We have on two occasions paid deposits by debit cards (with 2 different agents), as the agent had to check our IDs anyway; it is not hard to check the name on the card as well. With chip and pin it is very unlikely that anyone will be able to dispute the payment.
The other option would have been for us to get cash of the bank, then the agent having to pay to deposit it back into the bank. The agents refused to take a deposit until the day we moved in, I assuming that was so they could make as homeless by changing their mind at the least minutes – bank transfers still take 3 days for anything more than a very small amount.
As for credit cards, I would never be happy taking a deposit on them due to their 3% (or more) charge!

The case of the mother not being listed on the deposit protection on the face of it sounds like the law gone very wrong, however was it the mother that had all contacts with the landlord/agent as the child was not capable of doing so for some reason.

I have taken this from the MyDeposits online form. You can cut and paste it into a word doc and get your tenants to complete it and sign the bottom. This is what I intend to do but I will use the whole form which can be found in the landlords area at MyDeposits.co.uk

Is there any third party who has paid all or part of the deposit on behalf of the Tenant(s)? YES NO (If yes, please supply the following info)
Address:
Postcode:
Organisation Name:
Third Party Name: Title: First Name: Last Name:
5.1
5.2
5.3
continued overleaf

Ian I do see your point and this is why I too might have been caught out. My understanding is that an adult is reponsible for his/her side of a signed contact - why there is this quirk I have no idea but lets just cover our backs now that we do know. I am cross with myself for no realising that this question would not be on the form for no reason.

I wonder how many landlords who let to students realise this?

Mindful of potential issues is it going a bit over the top having 5 signed copies of the DPR.
This on the basis that in any possession proceedings you have to provide 3 copies of everything to the county court.
If you have the forms why not have all the forms completed and signed and also the tenant will have a copy.
I have had issues in the past in the county court retaining original and copy documents and want fees for me to hve a copy back.
I think you can't have to many copies!!
Ok check takes a few hours but that is what I prefer and it enables full explanation of everything to the tenant.

I have to say Mary your posts todate have been very informative and helpful and I have learnt a lot; I think therefore preventing myself from dropping myself in it!!?

just goes to prove further that the landlord /tenancy situation is or has become a further mine field and now seems to be a game of who can get a con on a landlord , i ask why on earth should a landlord have to be concerned as to who paid the deposit or part of it it is not the landlords responsibility to know this the question arises ,if the person is over 18 then that is there responsibility ,why not remove the wording in the deposit scheme instead.

Both as a landlord and as a lawyer, I think the problem is evidential. If a landlord takes a cheque which is not drawn on the tenant's own bank account they are on notice the tenant has not personally provided the deposit. If however it is cash they can't normally be deemed to know whose cash. I suspect the provision in the regulations exists because there may occasionally be situations where a charity or community organisation provides a "loan" to cover a deposit.but again for the most part Landlords will know if this is happening.
What none of us can cover is the possibility of a soft headed judge taking the view that landlords are all big enough and clevrer enough to know every possible niche of the regulations and finding in favour of the tenant..

again we make arguments for the tenant ,what if all the time , never take cheques as first payment ask for cash or have it banked direct before they move in , if an agent is involved take cash on the day minus their costs .With regards to councils or community organizations ,charity paying they will want their name in the deposit protection scheme so there is no problem the provision is red tape , the judges who make such decisions should be sacked for being so narrow minded even they make mistakes so do solicitors and in any case keep out of their way if you can always negotiate if you can some times you just cant and you have to take the matter all the way but lets not make what ifs ,it is what it is .

When my girls were young and they said "Its not fair" as children often do, I told them Life is not fair learn to accept it. Landlords often tell me that the law is not fair - true. That judges are not fair - true Than tenants are not fair - true. Once we accept all of that we are on our guard and that is where we need to be. A very small mistake can be expensive for a landlord, we probably will not be given the benefit of the doubt if we get into litigation.

The message is clear Keep up with legislation and regulation and do what the law requires - this is the only way that a landlord will survive in future.

As a Landlord in Scotland, for the past couple of years I have not taken a deposit from any new tenants,,,,,,,,strange you may think ?
I take, two months rent, up front with no deposit.
Commercial Landlords expect 3 mths rent in advance, I only take two.
see how you get on wiyh that one.