Written statement of terms

Landlord Discussion
1

Hi,

A new tenant is moving into to our rental property next week.

We have done the assured periodic contract through Open Rent and they have collected the deposit also.

I have given the tenant the EPC, Gas Safety and Electrical Certificate.

Im a bit confused of all of the advice at the moment on the internet. Do I need to give the tenant anything else, like a ‘how to rent guide’ or a ‘written statement of terms’?

Thank you in advance for clarification.

2

@Noel5

Just read the official guidance on t h is

Source: GOV.UK https://share.google/Ikj2L3r4N3SCHlPvP

It is very likely the Openrent tenancy agreement provides everything needed but check it

Best

1 Like
3

Thanks David, looks like its included in the contract. But I can’t see anything with regards to data protection in the open rent contract.

Do I need to register with the ICO office for my one tenant and send a separate data protection document to the tenant? Thanks in advance

4

@Noel5

yes if you have their personal info and you aren’t entirely hands off dealing via an agent providing full service you are likely to be handling personal info eg a tel number. It doesn’t matter that you only have 1 tenant.

Some resources inc a draft notice here (there’s also an nrla one)

Remember it’s an allowable expense for tax purposes

Good luck

5

I have never bothered.:worried: :astonished_face: :astonished_face:

1 Like
6

some LLs never bother with any of their legal obligations…

2 Likes
7

How to rent is obsolete

Your written terms should reference data information

Equalities and disability

Do register with the ICO civil penalties are excessive

1 Like
8

Time to start bothering

Civil penalties will be expensive

1 Like
9

Yes, but it has been replaced by a “written statement of terms” which must be given prior to the tenancy starting. You can find details of this online at

1 Like
10

The written statement of terms will be part of the tenancy agreement unless the landlord is using one from a dubious source.

1 Like
11

I’m using an open rent contract, so presumably, the ‘statement of terms’ are already in there. I dont think its “word for word” but hopefully, this doesn’t matter.

1 Like
12

You don’t need to serve this document if the terms are included in your contract .

You do need to serve the contract with the said terms in a reasonable amount before signing . My solicitor advised 5 days in advance is usually enough .

You need to consider the Consumer Rights Act 2015 when serving a contract .

You only serve this if you have a verbal agreement not a written agreement with your tenant .

All of the boiler plate contracts I’ve read include these terms at the beginning of their document and expand on each term in the terms and conditions .

1 Like
13

Yes, I’m aware of that.

Anyone who’s read it would be too. The actual document itself says

It is expected that you will decide to include this information in a written tenancy
agreement, but you can give it separately if you wish. If you are using written tenancy
agreements, you may be providing a lot of this information already

1 Like
14

Ever had to register before for data protection ?

16

! was being sarcastic and whimsical.

But in reality how many private LL are registered with the ICO?

If Big Brother is reading this then Yes of course I am registered ! :wink:

Ok, Ok, I can hear the indignation vibes, but when we get the PRS database later this year/next and we all get an email asking why we are non- compliant with GPDR and threatening a fine I will be able to respond.

17

As a PRS LL you potentially wouldn’t need to be ICO registered if using an agent doing full mgt as you wouldn’t then necessarily be processing any tenant personal data. Unless PRS identified those using agents and those doing DIY LL then any request for payment or potential fine based on PRS database will be a fishing expedition. Not sure it would be lawful. They might well use PRS database to ask for copies of written terms and then write out to LLs not covering Data Protection reminding them they may need to register…

Ps most LLs won’t be registered I think the max fine for not paying the ico registration fee is £4350 Penalties | ICO . Not complying with gdpr can have very much bigger fines

Other things many LLs won’t be aware of are checks for Legionellas. According to nrla hse recommend reviewing risk assessments every two years Legionella Risk Assessment for Landlords | NRLA

Best

1 Like
18

Thanks for clarifying. That’s helpful.

I was under the mistaken impression you were being irresponsible.

1 Like