Missing Deposit Prescribed Information
Baafi v Mapp Central London County Court 24 June 2010
The landlord had served a section 21 notice and commenced possession proceedings.
The tenant defended the claim because the prescribed information required by The Housing (Tenancy Deposits) Prescribed Information Order 2007 had yet to be given. The landlord had protected the deposit with MyDeposits and only provided the certificate supplied by the scheme.
This certificate makes it clear that it alone is not sufficient for the prescribed information order and that other information must be provided (for example, what to do at the end of the tenancy if the landlord or agent cannot be contacted and also does not explain what things the landlord will retain the tenancy deposit against).
In defending the section 21 possession claim, the tenant also sought the usual three times deposit compensation (since this case, the penalty is changed to between one and three times the deposit). The landlord's claim for possession was dismissed, and the landlord was ordered to pay the tenant three times the deposit.
I know we are always banging on about the prescribed information, but this is why. The penalty provisions are the same even if a deposit has been fully protected but the landlord (or agent) fails to provide the prescribed information.
As a rule of thumb, if you have less than ten pages of deposit-prescribed information, there might be something wrong, and you should double-check that the information you are giving is correct.
For the DPS custodial scheme, the scheme rules (which must be attached) are seven pages, which only includes some information requirements.
Our Tenancy Builder includes all the prescribed information required automatically.
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Deposits and Tenancy Deposit Schemes
Many landlords take a deposit from tenants to hold for the duration of the tenancy. When the tenant moves out, this is returned to the tenant less any deductions permitted: typically for damage (above fair wear and tear), additional cleaning, and cover any outstanding rent. Note: deposits can only be withheld if stipulated what the deposit is being held against in the contract.