Prescribed information relating to tenancy deposits
There are several requirements that a landlord must comply with when dealing with a tenancy deposit. Section 213 of the Housing Act 2004 sets out the requirements relating to tenancy deposits. Pursuant to s.213, where a landlord receives a deposit in relation to a tenancy the landlord must comply with the requirements of an authorised scheme within 30 days of receiving the deposit. In order to comply with the provisions of s.213 the landlord must register the deposit with an authorised scheme and give the tenant and any relevant person certain information relating to (1) the authorised scheme, (2) the landlord’s compliance with the requirements of the scheme, and (3) the operation of the law relating to deposits.
It is important to note that s.213 requires a landlord to comply with the requirements of the authorised scheme and give the tenant and relevant persons “prescribed information” within 30 days from the date on which the deposit is received by the landlord. The prescribed information must be given to the tenant and relevant persons in a prescribed form or a form that is substantially the same.
In addition to the requirement to give the tenant and relevant persons the information in a prescribed form, the landlord is also required to include certain information in the prescribed form given to the tenant.
The following points must be included in the information given to the tenant and relevant persons about the tenancy deposit:-
(i) the amount of the deposit paid and the address of the property to which the tenancy relates;
(ii) the name, address, telephone number, and any email address or fax number of the landlord;
(iii) the name, address, telephone number, and any email address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator to contact the tenant at the end of the tenancy;
(iv) the name, address, telephone number and any email address or fax number of any relevant person;
(v) a copy of the deposit certificate signed by the landlord. The landlord must give the tenant the opportunity to sign the certificate to confirm the accuracy of the information contained therein.
(vi) the name, address, telephone number, email address and any fax number of the administrator of the authorised tenancy deposit scheme;
(vii) any information contained in a leaflet supplied to the landlord by the administrator of the scheme explains the operation of the tenancy deposit scheme;
(viii) the procedures that apply under the scheme by which the deposit or part of the deposit may be paid or repaid to the tenant at the end of the tenancy;
(ix) the procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy;
(x) the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy;
(xi) the procedures that apply under the scheme where there is a dispute between the landlord and the tenant in relation to amount of the deposit to be paid or repaid to the tenant; and
(xii) the facilities available under the scheme for enabling a dispute relating to the deposit to be resolved.