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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