Agent’s Letter to Prospective Tenant Sending Specified Information (Wales)
This Agent’s Letter to Prospective Tenant Sending Specified Information (Wales) is for use by a letting agent in Wales who wishes to collect a holding deposit on behalf of the landlord from a prospective tenant to secure a tenancy whilst reference checks are carried out.
The letting agent must have the authority and consent from the landlord to collect a holding deposit in respect of the prospective tenancy prior to sending out this letter.
Under The Renting Homes (Fees etc.) (Holding Deposit) (Specified Information) (Wales) Regulations 2019, letting agents in Wales are required to provide certain information and documentation to prospective tenants prior to collecting a holding deposit to secure a tenancy on or after the 28 February 2020. Failure to provide this information means that the landlord cannot rely upon certain exceptions to retain a holding deposit (for example, where the tenant fails to take all reasonable steps to enter into the tenancy and where the tenant notifies the landlord that they do not wish to enter into the tenancy) and the holding deposit must be repaid.
The information required, and referred to in this Letter, is:
· The amount of the holding deposit;
· The address of the property in respect of which the deposit is paid;
· Where a holding deposit is to be paid to a letting agent, the name and contact details of that letting agent;
· Duration of the contract;
· Proposed occupation date;
· Amount of rent or other consideration;
· Rental period;
· Additional proposed contract terms (the template provides for the draft tenancy agreement to be enclosed);
· Amount of any security deposit;
· Whether a guarantor is required and, if so, any relevant conditions;
· Reference checks the letting agent will undertake; and
· Information the letting agent requires from the tenant (the template provides for a copy of the tenancy application form to be enclosed).
The prospective tenant is asked to sign a copy of the letter and return it to the letting agent to confirm receipt. A separate letter should be sent to each tenant and adult occupier if there is more than one.
This Letter can be given to the prospective tenant in person or sent by email, however, it can only be sent electronically if the prospective tenant’s prior written consent is obtained to receive it electronically prior to doing so. There is a provision in the template tenancy application form for the prospective tenant to consent to receipt of the Specified Information by email.
This template Letter references guarantee agreements and tenancy application forms, templates for the former can be found in the Assured Shorthold Tenancies (ASTs) subfolder and template application forms can be found in the Residential Lettings Terms and Conditions subfolder.
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