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Miles-Solicitor
Miles-Solicitor, Property Solicitor
Category: Property Law
Satisfied Customers: 732
Experience:  Director / Principal Solicitor at WIN Solicitors
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PRESCRIBED INFORMATION RELATING TO TENANCY DEPOSITS* Issued

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PRESCRIBED INFORMATION RELATING TO TENANCY DEPOSITS*Issued on 15-01-2019, with name of tenant, name of landlord amount and my address.
Deposit paid by tenants husband on 19th January.(husband not on AST, only the wife as tenant on AST)Protected on 21st, but I as landlord did not issue a newPrescribed information giving
my updated address, updated tenants address (as she has moved in now and the property is her new address)
also as the payment was made by 3rd party her husband this was not not updated and re-issue prescribed information.Will this invalidate my Section 21, as prescribed information provided but not fully compliant.

Hello,

I am sorry to learn of your situation.
I am a Qualified Solicitor with over 19 Years of experience in the UK.
I am currently reviewing your question and shall revert to you shortly.
Thanks.

Customer: replied 1 day ago.
Thanks
Customer: replied 1 day ago.
As I moved out, my address is also updated, below issues in the prescribed information provided.
My address as of 21st Jan, Her address as of 21st Jan, 3rd Party (husbands name not mentioned)

Thank you for the additional information.

Please be advised that this is not a live chat service, sorry - I am only emailed when you reply.

I will type up your response and send it shortly.

Thanks.

Customer: replied 1 day ago.
hi
Please can you advice

Can you please answer the questions listed below, so I can advise appropriately, forgive me if you have provided this above but I need to be clear.

When did the Tenancy begin?

When was the Deposit Taken?

When did you Lodge the Deposit with the Deposit Scheme?

When did you provide the Prescribed Information?

Did to put the Tenant's Husband's name as the Third Party as a Relevant Person (who paid the actual Deposit monies)?

Do you want to evict the Tenants?

Thank you.

Customer: replied 1 day ago.
When did the Tenancy begin?
15-01-2019 tenancy was signed to begin on 17-01-2019. Also prescribed information provided with lead tenant only on it.
Landlord, lead tenant only, and amount
When was the Deposit Taken?


Deposit paid on 19-01-2019 by her husband not on the tenancy agreement
Once deposit received keys were handed
When did you Lodge the Deposit with the Deposit Scheme?
21-01-2019
When did you provide the Prescribed Information?

15-01-2019 along with the he tenancy agreement, but doesn't include her husband name as 3rr party paying the deposit.
Did to put the Tenant's Husband's name as the Third Party as a Relevant Person (who paid the actual Deposit monies)?

Yes added him as relevant person in the actual scheme

Do you want to evict the Tenants?

Yes
Is my section 21 valid in this case

I need to decide in one more day, please advise
Customer: replied 1 day ago.
I urgently need this advice.. please can you help.

Thank you for the clarity, from the facts that you have provided, you are at risk of your Section 21 notice being deemed Invalid due to your failure to adhere to the rules regarding Deposits. you should have served the Husband and it should have had the Husband's name on the Prescribed Information.

The only way to resolve this is to re-pay the Deposit back to the Husband via a Bank Account so you have a paper trail. Once done you can issue a new Section 21.

I trust this is not welcome news, but I do not wish for you to waste your time or good money, as any subsequent Possession proceeding may have been Struck Out and you would have had to pay the Tenant's costs for Defending.

I hope that clarifies matters. If you need a CALL to discuss and more in-depth advice, then please let me know.

I would be obliged if you could Click to “accept” the answer and leave me a Positive Rating (this will not cost any extra). This will tell the website that I have responded to your question.

Best Regards.

Miles.

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