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Tds Prescribed Information

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Firstly, apologies. I realise that this post should be in the "All about renting" forum but I was hoping to get a timely response (since that forum has only 2 viewing currently, one of whom is me, and this one has 532).

I've recently been asked to sign a "TDS Prescribed Information" form and return it to my lettings agent for signing on behalf of the landlord. I have an AST Agreement, having to sign a new one every 6 months (tedious to say the least), and have been renting the property from before the introduction of the Tenancy Deposit Scheme. I'm pleased my deposit has been placed in such a scheme but like most tenancy legislation I distrust it and believe it has been introduced to protect the interests of landlords and not those of tenants.

The TDS Prescribed Information document I have received concludes with the following paragraph:

"The Tenant confirms by signing this document that to the knowledge of the Tenant the information above is accurate to the best of the Landlord's knowledge and belief."

Now, I know if it's accurate to the best of my own knowledge and belief but how am I supposed to know if the information contained within the document is accurate to the best of someone else's knowledge and belief?

It might well be but I don't have that "knowledge" (note it doesn't say "best of knowledge"; it's a statement of fact) and therefore cannot confirm it, especially when signing a legally binding document that I may need to later rely on in court.

Am I just being pedantic or could such a declaration potentially be used to absolve a landlord from a responsibility relating to a deposit on the basis that the tenant vouched for them?

How do you interpret such a statement? Seems like very suspicious wording to me.

Tenancy Deposits: Documentation - Tenancy Agreements, Prescribed Information and Guarantees

The Dispute Service - Documents and forms

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Personally, if there are clauses / words that I do not like, I'd just amend them by hand, using ink, initial the changes, and sign at the bottom when I'm happy that the document says what I want it to say.

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"The Tenant confirms by signing this document that to the knowledge of the Tenant the information above is accurate to the best of the Landlord's knowledge and belief."

IANAL (thank god), but isn't it just saying "the tenant has no reason to think that the landlord's telling porkies in this document" - i.e. you and the landlord haven't cooked anything up...

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How do you interpret such a statement? Seems like very suspicious wording to me.

I would interpret it to mean 'I, the tenant, believe that the landlord has told the truth when compiling this document.'

Essentially, the TDS in an insurance company. If the landlord refuses to refund the deposit, the TDS's insurance will pay the deposit back to the tenant. I interpret this statement as the tenant certifying that they haven't dreamed up some sort of scam (e.g. tenant pays no deposit, landlord claims £2k is protected. At end of tenancy, LL 'refuses' to return deposit. Insurance pays out. LL scarpers leaving TDS unable to recoup its losses).

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newcm.gif

Thanks for the replies. These are my initial and innocent interpretations of the statement too.

I'm one of those annoying people who like to read and understand the declarations that they're signing - not like those easy-go-lucky people with their credit card, loan and self-certified mortgage application forms.

More fool me, it's sadly transpired. You can declare and sign whatever you want nowadays and it don't mean sheeeet.

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newcm.gif

Thanks for the replies. These are my initial and innocent interpretations of the statement too.

More fool me, it's sadly transpired. You can declare and sign whatever you want nowadays and it don't mean sheeeet.

Why not take up the matter of the wording with The Dispute Service. After all they should be able to write clearly in English what they mean. Although from my experience they are such a bunch of numpties I doubt they can.

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  • 153 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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