The Housing (Tenancy Deposits) Prescribed Information Order 2007
Section 213(5) Housing Act 2004 requires a landlord to give the tenant information as may be prescribed relating to a tenancy deposit that has been paid.
(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—
(a) the authorised scheme applying to the deposit,
(b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
(c) the operation of provisions of this Chapter in relation to the deposit,
as may be prescribed.
(6) The information required by subsection (5) must be given to the tenant and any relevant person—
(a) in the prescribed form or in a form substantially to the same effect, and
(b) within the period of 30 days beginning with the date on which the deposit is received by the landlord.
The information required is contained in The Housing (Tenancy Deposits) Prescribed Information Order 2007.
It is best to think of the prescribed information order as a checklist. There is no prescribed format for the information that must be presented; the requirement is that all the information be given to the tenant.
Our Tenancy Builder automatically generates deposit prescribed information.
The information that the landlord must give to the tenant (and signed by landlord and tenant given opportunity sign) is as detailed below:
|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|
|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|
|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 procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy|
|The procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit|
|The facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation|
|The amount of the deposit paid|
|The address of the property to which the tenancy relates|
|The name, address, telephone number, and any e-mail address or fax number of the landlord|
|The name, address, telephone number, and any e-mail address or fax number of the tenant|
|Such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy|
|The name, address, telephone number and any e-mail address or fax number of any relevant person|
|The circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy|
Confirmation (in the form of a certificate signed by the landlord) that:
The information he provides under this sub-paragraph is accurate to the best of his knowledge and belief
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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.