Prescribed Information
Failire to provide the Prescribed Information to the Tenant invalidates the Landlords right to claim
guaranteed possession of their property. Failure to provide this could delay eviction proceedings by 4 months and expose the Landlord to a fine a three time the deposit paid.
Key Facts - This legislation was ammended 6th April 2012 with the Introduction of the Localism Bill
The PRESCRIBED INFORMATION) ORDER 2007 No. 797 defines exactly the information that the Landlord is required to supply their Tenant with regard to any monies that have been given in respect of a deposit.
- Failure to supply such information means ANY Notice to vacate is invalid. The Tenant may be eligible to claim compensation of three times the deposit and NO deductions may be made from such deposit.
- The Deposit schemes DO NOT provide the information as stated in their T&Cs clause 2D The "DPS cannot provide the Prescribed Information on behalf of Landlords"
- The prescribed information MUST be specific to the tenancy agreement for in accordance with clause vi, it must define "The circumstances when all or part of the deposit may be retained by the Landlord, by reference to the terms of the tenancy".
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The information contained includes contact details for the Tenant and any other person who provided the deposit. In addition contact details for the Tenant after they have vacated.
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If you do not provide the Tenant the Prescribed Information you cannot issue a lawful notice to quit on the Tenant
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The Prescribed information must be specified to the Tenancy Agreement for it informs the Tenant under what circumstances monies will be deducted from the Deposit
- Failure to comply means the Tenants can claim three times the value of the deposit paid as compensation
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If a third party provided the Deposit such person MUST be provided a copy of the prescribed information
THE HOUSING (TENANCY DEPOSITS) (PRESCRIBED INFORMATION) ORDER 2007 No. 797 - This instrument supplements the Provisions relating to tenancy deposit schemes that are contained in sections 212 to 215 of, and Schedule 10 to, the Housing Act 2004 (“the Act”). It applies to Landlords who have let their property on an Assured Shorthold tenancy and who have taken a deposit as security for the performance or discharge of any of the tenant’s obligations arising under or in connection with the tenancy. The instrument prescribes the information that a Landlord must give to such a Tenant, and any person who has paid a deposit on the Tenant’s behalf, within 30 days (previously 14 days) of receiving the deposit. For reference the PRESCRIBED INFORMATION) 2007 No. 797 -requires the following [as per our documents].
(a) the name, address, telephone number, e-mail address and any fax number of the scheme administrator of the authorised tenancy deposit scheme applying to the deposit;
(b) Any 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.
(c) the procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the Tenant at the end of the shorthold tenancy (“the tenancy”);
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