DPS Landlord Responsibility to Third Party

Third Party means a person who has paid a Deposit in respect of a Tenancy to a Landlord on behalf of a Tenant and who is a relevant person for the purposes of Sections 212 to 215 of the Housing Act 2004.


The DPS Terms and Conditions covering the landlord’s responsibility to any Third Party are:


• 8. a.
• 8. d.
• 8. e.
• 10. d. x.
• 14. b.


Looking at each of these in turn:


8. a. Where there is a Third Party registered on a Deposit, the Landlord must manage the relationship between the Tenant and the Third Party


DPS Explanation: We would recommend that the Landlord promotes open communication between all parties as much as possible with regards to the deposit, keeping each party informed.


8. d. It is the responsibility of the Landlord completing the Deposit Submission Form to ensure that the responsibilities of the Lead Tenant are fully understood by any Third Party, and that the Lead Tenant is nominated by all of the Joint Tenants and any Third Party


DPS Explanation: All parties (including Joint Tenants and Third Parties) should agree on who will be nominated as the Lead Tenant, as the individual listed as the Lead Tenant will have full control over the release of the deposit with the Landlord on the behalf of Joint Tenants and Third Parties.


8. e. The Landlord will be required to confirm, on the Custodial Deposit Submission Form, that they have explained to any Third Party, the role and responsibility of the Lead Tenant


DPS Explanation: As detailed above, if the Third party has paid the deposit, they should be registered as the Lead Tenant. You are then able to indicate during the registration process that you have made the Lead Tenant aware of their responsibilities.


10. d. x. The full name and title of any Third Party must be included on all Deposit Submission Forms


DPS Explanation: The details of the Third Party can be submitted in the Lead Tenant details.


14. b. The Landlord is responsible for providing confirmation of deposit submission to any Third Party


DPS Explanation: Once The DPS have received payment, the payment will clear within 3 to 5 working days. Deposit Submission Certificates will then be issued to all parties, either by email or by post to the property address. If an email address has not been provided for Joint Tenants and any Third Parties, we will send the Certificate to the property address.

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