Hello - I’m about to give my tenants their deposit prescribed information, as we have just re-signed the tenancy, with a price increase. I was aware of all the usual info you have to give for this, but to my surprise, on a gov.uk website, several new elements seem to have been added to the info we have to give. Tenancy deposit protection: Information landlords must give tenants - GOV.UK What’s more, some of the elements seem rather vague, and it doesn’t go into detail about how we should answer these questions. Eg “why [the landlord] would keep some or all of the deposit” (I mean, how long is a piece of string?) Also, there is no sign of these new elements on the Deposit Protection Service website. Does anyone know what’s going on? Thanks.
that all looks absolutely standard to me.
Why you’d keep the deposit isn’t vague at all. It should be spelled out in a clause in the AST and the clause should be noted on the PI for reference. Mine, for example, says
10.2 The Tenant agrees that the Landlords may make reasonable deductions from the deposit at the end of the Tenancy for the following purposes:
(a) except for fair wear and tear, to make good any damage to the Property or any of the items listed in the inventory caused by the Tenant’s failure to comply with the Tenant’s obligations under this agreement;
(b) to replace any items listed in the inventory which are missing from the Property at the end of the Tenancy;
(c) to pay any rent which remains unpaid at the end of the Tenancy;
(d) where the Tenant has failed to comply with clause C8.2 of this agreement, to cover the reasonable removal, storage and disposal costs incurred by the Landlords;
(e) where the Tenant has failed to comply with clause C8.1 of this agreement, to pay the reasonable cleaning costs incurred by the Landlords to remedy that failure;
(f) where the Tenant has failed to comply with the obligation in clause C2.4, to recover any reconnection charge paid by the Landlords;
(g) where the Tenant has made any addition or alteration to the Property or has redecorated the Property without the Landlords’ prior written consent (see clause C4.2), to cover the reasonable costs incurred by the Landlords in removing or reversing any such addition or alteration or in reinstating the former decorative scheme.
On the PI, I reference Clause 10.2 so the T knows what might be deducted
Edited to add that if you protect a deposit with DPS and then use their service to issue the PI, it’ll ask you for this info as you complete the form.
@Clare38 If you are using the Openrent AST just quote the clauses 8.1 to 8.9 which already cover this in detail
Google ‘Assured Shorthold Tenancy Agreement (AST) for Free openrent’
Think as part of RRA, the guidance on what should be provided may well have been updated, but it’s not unreasonable to explain to tenants why part of a deposit might be withheld, if that wasnt mentioned before
best
David
for example
"8.4. At the end of the tenancy, howsoever it comes to an end, upon vacant possession of the Premises and return of the keys, the Deposit shall be returned to the Tenant less such sum as the Landlord may reasonably require:
- to pay any arrears of Rent;
- to make good any damage to the Premises and fixtures and "
etc etc
ps and/or quote Citizens Advice page ’ Getting your tenancy deposit back if you rent privately’ or Shelter page ’ What can a landlord keep from your deposit?’
I would simply ask you why you have re-signed a tenancy just to increase the price?
moot point and with the RRA round the corner it makes little difference anyway.
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Why sign a new tenancy instead of letting become rolling periodic - same as before
A) Gives tenants a bit more security -till may anyway-or impression of that at least- and many tenants (and LLs) not aware of RRA
B) -and signing a new 12m (or 6m) is a little bit of a statement of intent on both side
C) all the terms inc monthly rent in one agreed doc
D) If using OR rent now it’s free so appears to be just as easy as a separate document documenting the rent increase (think they have a way to easily transfer deposits from old to new tenancy)
Agree not necessary- renewal of a tenancy never has been - even if fixed period not now enforceable after 1 may
Best