What is it?
A section 213 notice is a set of information explaining to the tenant how their deposit has been protected.
This information has also to be given to any third party / interested party (i.e. someone who has paid the deposit on behalf of the tenant whether in whole or part). For example, a parent who pays the deposit on behalf of a student tenant.
Where can I get them from?
Landlords can download a FREE section 213 notice from Property Hawks Property Manager. Simply login and go to the forms section. Then choose from the prescribed section 1 or 2 depending on whether you are using the custodial scheme run by the Deposit Protection Service or one of the insurance based schemes. You will also need to print of part two of the forms from the standard form section below.
Serve the section 213 notice on your tenants when they sign the tenancy agreement and make sure they sign it to acknowledge receipt. Make sure you also have a copy for your records.
What happens if I don't do it?
The legislation is quite clear. Failure to serve this notice or the required information effectively makes a landlord liable for the same penalties as if you had not protected the actual deposit. Potentially you are liable for a penalty of up to 3 times the deposit and will not be able to serve a section 21 notice for accelerated possession.
For more info on the section 213 notice
landlords insurance uk
What if the tenancy is over £25,000per year and is NOT and AST Contract?
ReplyDeleteIf the tenancy is not an assured tenancy agreement it will not be covered by the provisions of the deposit protection scheme. When you say the tenancy is over £25,000. Does this mean the rate of rent exceeds £25,000 per year. For example rent of £3,000 per month for 6 months would exceed £25,000 even though the rent only equals £18,000. Exlusion to the AST relates to the rate of rent not rent received.
ReplyDelete