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

  • Protect such deposit within 30 days.
  • Ensure the Tenant and any other person who provided such deposit is given the following and prescribed information within 30 days. This should be localised to the Tenancy Agreement, The deposit Schemes do not offer such
  • 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 MyDeposits  DPS  Scheme
Leaflet Scheme Rules
**
A Guide to Deposit Disputes
**
Leaflets selected now depends if using custodial or insured option Click Here
Deposit Protection Certificate to the Tenant.
Neither Insurance nor Custodial Insurance scheme  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.
Custodial Clause 2D The DPS cannot provide the Prescribed Information on behalf of Landlords.
 
Insurance Scheme Clause 2C
 
The Landlord has a statutory obligation to provide the Tenant(s) with the Prescribed Information within 30 days from receipt of the Deposit. The Landlord must give the Tenant(s) the opportunity to check and sign the Prescribed Information by way of confirmation that it is correct. The DPS will provide the confirmation detailed in section 12 of these Insured
Scheme Terms and Conditions but 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.
 

IMPORTANT NOTES RENEWING A TENANCY -

The scheme terms and conditions of Membership :

Mydeposits (insurance scheme)        DPS (custodial) 

 
 
Where the deposit is held in the Government Custodial scheme it remains protected until check out, where as if held in an insurance scheme such as Mydeposits. Once the AST is renewed the insurance terminates AND another policy MUST be purchased otherwise it is NOT protected. Note it is important with the insurance schemes the Landlord ensures they comply with conditions such as notifying the insurers when the Tenancy continues as a periodic for some policies protection expires - meaning the Landlord no longer compares with their legal requirements

Mydeposits - C4.3 A new Protection IS required when a new fixed term is granted by a Member, even if it is issued to the same Tenant(s) with the same Deposit. We will not continue to Protect a Deposit when the original fixed term AST is replaced with a new fixed term by letter, transfer, assignment, memorandum,
 
NO PROVIDING INFORMATION INVALIDATE A CLAIM FOR POSSESSION
 
Since April 2007 a Landlord has always been obliged to protect a Tenants' Deposit as defined by the 2004 Housing Act. The Legislation has been revised and from April 2012 failure to comply means you will not be able to claim possession of your property; 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
 
If you find your selve in this situation call us and we will guide you