Relevant Person
This is somebody or a party that pays or contributes to the deposit that is provided in respect of the property. Example being A Parent, Council Deposit, a Charity
Such persons MUST be provided with information pertaining to where the deposit is protected and their contact details specified on the prescribed information.
The deposit MUST be returned to such persons NOT to the Tenant.
Examples & the legal problem claiming possession
If a father gives his daughter a deposit and she pays you - The father is not a relevant person for the transactions are separate. If the father provided the payment directly to you then he would be the relevant person.
The tenant obtains a crisis loan to pay a deposit from a Charity. It is the tenant's Loan and has a separate obligation to pay them. Provided payment is from the tenant to you then there is no relevant person.
One MUST be careful when dealing with assisted housing such as Home bond schemes. Should the council propose to pay a deposit you MUST know exactly their expectation with regard repayment. Are they providing a loan to the tenant, a deposit or purely a surety, which is not a deposit but a promise to pay should the tenant default [so no payment changes hands]?
The Problem - If you fail to provide
the prescribed information to ANY other person who paid the Deposit (such as council) a Section 21 could be invalid and you may not make a claim for possession.
If in doubt call the Helpline for we cannot publish the solution.