Deposit Information to be supplied to the tenant
The Deposit Schemes clearly state in their T&C that they do NOT issue all the required Prescribed Information and reiterate it is the Landlords responsibility to comply see notes below. All the Tenant has to do to nullify a claim for possession and seek compensation is claim that they never received the deposit information (see Question 8 of the Tenant Defence Form this rebukes Question Section 7 [compliance with Deposit Legislation] court form application for possession form )
The Landlord or person deemed to be holding the Deposit must now comply or be fined. Legislation revised 2012
- Protect such deposit within 30 days.
-
-
Failure to comply means an application for possession using the Section 21 Process, will be denied and you will be ordered to return the Deposit to the Tenant and pay the Tenant one to three times the deposit amount in compensation 
Prescribed Information & Tenancy Agreement
The easiest way to avoid a Tenant claiming compensation because they claim they never received their Deposit information is by asking them to sign for it when you issue the Tenancy Agreement - as below **
In addition to the Prescribed information the Landlord or Agent must also supply the following Leaflets for a legal requirement **
| Additional Information |
Insurance Based Scheme |
Custodial Scheme |
|
Leaflet Scheme Rules |
 ** |
** |
|
A Guide to Deposit Disputes |
** |
** |
|
Deposit Protection Certificate to the Tenant. |
The Insurance scheme does not supply any information to the Tenant. The landlords/Agent responsible for printing and giving to the Tenant. |
DPS post a copy of the Deposit Protection Certificate to the Tenant |
What the Deposit Schemes say about supplying Prescribed Information
The Landlord MUST issue the prescribed Information otherwise invalidate their right to claim possession of their property using the Section 21 Notice
|
Section C Note 2 : The Scheme is NOT responsible for providing the Prescribed Information to the Tenant. Please see the reverse side of the DPC included as Appendix 4 to these Scheme Rules where we explain which areas of the Prescribed Information are
covered by Scheme documentation and, most importantly, which information the Member must provide to the Tenant. |
Clause 2D The DPS cannot provide the Prescribed Information on behalf of Landlords. |
**Obligatory as required by law
The leaflets are to be supplied for a requirement of the prescribed information legislation that states "instrument prescribes the information that a Landlord must give to such a Tenant" ; information contained in a leaflet supplied by the scheme administrator to the Landlord which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to the Act.
or return to 
IMPORTANT NOTES RENEWING A TENANCY -
|
 FREE Documents Members Helpline Member Discounts Reliable Service Save Time & Money Tenant Eviction Help New Tenancy Help Legally Compliant
"save yourself many sleepless nights and very likely a fortune." Geraldine Murphy |
PIMS' membership ensures you are legally compliant
-
No matter what your query or concern you can rest assured our Help line advisors can help you.
-
Comprehensive selection of Documents, Letters Notices are FREE to Members
-
We provide solutions on a vast variety of Letting Legislation
-
|