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Switching from agent to private landlord


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I would have thought that by signing to say they have recieved the prescribed information this would be enough evidence.  However for the avoidance of doubt I would issue them a copy asap. If challenged by this action you can reasonably say you are not admitting guilt but are merely being helpful. Make sure you have proof of their reciept in case required later on. Issue the S21 once you have any loose ends tied up.

Don't contemplate giving the deposit back until they have checked out of the property.

Seek formal legal advice from a specialist if in any doubt.

Cheers 

Paul 

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  • 3 months later...

The agent was acting on your behalf, so by the agent issuing the PI it is the same as you issuing it! You have signed proof of receipt by the tenant.  The only snag could be if you have since renewed the tenancy with a new fixed term.  If not and the tenancy has simply become a monthly periodic tenancy there is no requirement to reissue the PI. The tenant may be confused by the fact that they may have received a notification of the deposit moving to your personal account, from the agents account, however there has been no change of landlord and no new tenancy created and therefore there is no requirement to reissue the PI.  

 

As an aside, IF the PI had not been served (which it has), your s21 would not be valid if it was issued prior to the serving of the PI, so this would be no good in any case.  You would have to serve the PI first and then start again by issuing a new s21 notice.  As the deposit was protected in time there should be no question of having to return the deposit.  It is perfectly possible to issue the PI late and still use a s21 notice.

 

Just explain to the tenant that your agent served them the PI on your behalf (as you paid him to do) and you have a signed proof of receipt which you can produce to the court should you need to.  Make a copy of this and send it to him as proof that it was served, that he did in fact sign for it, and that you do in fact have the original copy as proof.  Reiterate that you have served them with a valid s21 notice which is a no fault notice and is mandatory and not discretionary.  

 

It is worth noting that although you have issued a s21 notice, the expiry of the notice will not bring the tenancy to an end and so if the tenant is planning to abide by the notice and leave the property they still are required technically to give you one month's notice in writing. I would send them a Tenant's Notice to Quit template and explain that you will need them to notify you in writing if they are intending to surrender the tenancy in order for it to legally end (which will mean you do not have to apply to the court for a possession order). Explain that this is in their interest also as if they do not leave the property at the end of the notice period they will be in breach of their tenancy agreement and will be liable to you for your costs if you are forced to apply for a possession order, and a warrant of execution and bailiffs fees. In addition they will be forced to leave immediately once the bailiffs turn up with no time to secure another property, or pack up their possessions.

 

Obviously try not to get their backs up and create any more animosity than necessary, (easier said than done!).  If they have been decent tenants you could offer to provide a good written reference for them up front in order to assist them to quickly find somewhere else. 

 

Best of luck

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This came directly verbatum from the TDS website, so should put your mind at rest:

 

When does the prescribed information need to be re-issued?

There are four situations in which a landlord/agent should reissue the prescribed information.

  1. Change of tenant (For example if one tenant moves out and is replaced)
  2. Change of landlord (For example if the landlord sells the property to another landlord)
  3. Change of scheme (For example if you were leaving the Insured scheme to join the Custodial scheme)
  4. Change of tenancy address (For example if the agent or landlord has an alternative property for the tenants to move to)

There you go, you're all good...although they didn't mention the situation of the same tenants at the same property simply signing a new fixed term, which I understood would require the reissue of the prescribed info (although I personally think that is silly if nothing has changed!).  Need to look into that one I suppose.

 

Kate

 

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