Providing the tenant with proof of the deposit protection (known as the Prescribed Information) within the same 30 day timeframe. If landlords fail to protect tenant deposits or do not provide the prescribed information, they can be ordered by a court to repay the deposit to the tenant or pay it into a TDP scheme's bank account within 14 days. This only works if the deposit was protected correctly and proper prescribed information given before the renewal. Landlords should be aware that they need to satisfy all of the requirements when protecting a deposit. We use cookies to provide the best experience. However, exactly how you do this can differ depending on which deposit scheme you use. Neither the landlord nor the tenant can access the deposit until both parties have agreed to any deductions, eg to cover unpaid rent or damage to the property by the tenant. To close this loophole, the Localism Act 2011 extended the time limit for protecting tenancy deposits from … In this leaflet where it says Landlord it will also mean Agent if the Agent has taken and protected the deposit. Let me know if you have any other questions. Protect each deposit you take from your tenant in your online member account within 30 days of receiving it. ( Log Out /  The deposit protection legislation states that the Prescribed Information (which includes the scheme leaflet) must be served upon the tenant within 30 days of the tenancy deposit or part of the tenancy deposit being received. What happens if landlords don't comply with s213? To help you do this, we've created the template below. There is no standard form for this, it is the information that is prescribed, not any particular form. Change ), You are commenting using your Twitter account. The Prescribed Information is comprised of a number of different ‘requirements’ as set out in legislation. Please reduce the size of your message to 600 characters. Prescribed Information Template – mydeposits Custodial; For Business. Enter your email address to follow this blog and receive notifications of new posts by email. May I ask what would happen if the LL sells the property? Failure to serve the prescribed information will also result in the landlord being unable to serve a section 21 Notice. The case of Superstrike VS Rodrigues decided a statutory periodic tenancy was a new tenancy. Note: In this leaflet where it says landlord it will also mean agent if the agent has taken and protected the deposit. › The address of the property. Furthermore, landlords who have not placed a deposit into a TDP scheme within 30 days of receiving it, or who have not provided the prescribed information, are unable to evict a tenant using a Section 21 notice until the deposit has been paid back to the tenant and the prescribed information has been provided. If the guarantor pays the deposit, they should also be sent the prescribed information as they are a 'relevant person' for the purposes of the Housing Act 2004. Plus information about the deposit and the tenancy. Part of your legal obligation under deposit protection law is to also provide the tenant with key details about deposit protection, known as Prescribed Information, within 28 days of protecting it. name and contact details of the tenancy deposit protection scheme and its dispute resolution service Housing (Tenancy Deposits) (Prescribed Information) Order 2007). You have the ability to Renew an existing tenant where you have issued a new AST without the need to re-enter all the tenancy details. For further information, read Deposit protection schemes. Section 213 (5) hits us first with the requirement to serve the prescribed information on the tenant “And any relevant person”. If this is how you protect deposits login here. Prescribed information is information landlords, who have taken a tenancy deposit, need to serve on their tenants about the tenancy deposit protection scheme they have used to protect the deposit money. For once, very clear. No, the requirement to protect the deposit lies with the landlord with who you’ve signed the tenancy agreement. The Tenancy Deposit Schemes (Scotland) Regulations 2011 also require you to give your tenant(s) some key information about their deposit. Landlords must provide tenants with prescribed information and other documentation about the scheme within 30 days of receiving the deposit. The Prescribed Information is comprised of a number of different ‘requirements’ as set out in legislation. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Choose carefully. The necessary information prescribed by the deposit scheme the landlord is using must also be served on the tenant within the timescales set out above. This template has been created to help your landlord or letting agent comply with their legal tenancy deposit protection obligations. Pass your tenant the Prescribed Information within the same 30 day deadline. The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. The landlord or letting agent protecting this tenancy deposit must give Prescribed Information to all tenants at the property in accordance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. Our insurance scheme means you paid to join mydeposits and also pay a protection fee that lets you hold the deposit in your bank account. Insured prescribed information (3) Insured prescribed information template (1) Insured scheme leaflet (2) Custodial prescribed information (2) Custodial prescribed information template (1) Custodial scheme leaflet (1) Guidance (1) Clauses and terms of business (1) Deductions Template (2) Member Logos (8) Merchandise request form (1) Prescribed Information is a specific set of information relating to a tenancy, which you're legally obliged to provide to your tenants. What is Custodial? Insurance deposit protection. The Covid-19 pandemic is affecting us all, and the health and security of our customers is our priority. In the case of a dispute over the deposit, the TDP schemes offer a free dispute resolution service. ( Log Out /  This information must be provided to both the tenant and any relevant third parties who have paid part or all of the deposit (eg parents). Prescribed information for tenancy deposits. Landlords (or lettings agents) must put the tenant's deposit in one of the following government-backed TDP schemes within 30 days of receiving it: These schemes protect the deposit and help to resolve any disputes. What is Insurance? Change ). Prescribed Information. ( Log Out /  However, exactly how you do this can differ depending on which deposit scheme you use. Prepare for an emergency before setting off, Looking for a Letting Agent? Member LOGIN. I hope that makes sense. Although there was a penalty for not protecting the deposit or issuing prescribed information, there was no penalty for not doing so within the original 14 day limit. We hold the deposit. What is Custodial? As well as protecting the deposit in a TDP scheme, landlords must provide certain 'prescribed information' set out in s213(5), which includes details of the TDP scheme and what happens if there is a dispute at the end of the tenancy. Signing the DPC to confirm the details are correct and ensuring you give your tenant the opportunity to sign it (requirement g.vii). If you are using the model Private Residential Tenancy (PRT) agreement then you can use the Prescribed Information (PRT) template. The legislative requirement is set out in The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 and requires that the landlord gives the tenant the opportunity to sign any document containing the information provided by the landlord. We have had many questions from tenants, landlords and agents – please see our Covid-19 resource page for the latest information. TDS does recommend that the landlord/agent take as many steps as necessary to give themselves proof that this was provided to the tenant. In England and Wales, all deposits taken from tenants in respect of Assured Shorthold Tenancies must be protected in an approved tenancy deposit protection (TDP) scheme. However, it’s important you’re aware that there are a few other requirements that my|deposits are unable to assist you with: As mentioned, there are a number of Prescribed Information requirements you must meet so it’s advisable that you read all of them here. Deposit Protections that have passed their AST End Date that require action are now clearly highlighted. If the deposit was not protected or prescribed information not given, any renewal or statutory periodic is a further and separate breach. Prescribed Information Template. What is Custodial? This Prescribed Information about Deposit Protection template should be used by the Landlord to tell the Tenant about the approved Tenancy Deposit Scheme which the Landlord is using to protect the Tenant’s Deposit. If this is how you protect deposits login here. Section 3 — Key details Housing Act 2004 - Prescribed Information Order As well as protecting your deposit with an authorised Tenancy Deposit Protection Scheme, the Housing Act 2004 also requires your Landlord/Agent to provide you with specific information regarding the protection of your deposit — The Prescribed Information. Member LOGIN. At some point during the tenancy, the company landlord purported to serve a section 21 notice on the tenant which was defended on the grounds that the landlord had not properly served the deposit prescribed information. Providing the Tenant with proof of the deposit protection (known as the Prescribed Information) within the same 30 day timeframe. Part of your legal obligation under deposit protection law is to also provide the tenant with key details about deposit protection, known as Prescribed Information, within 28 days of protecting it. Section 213 of the Housing Act 2004 sets out the requirements for landlords relating to tenancy deposits. However, If your current LL sells the property and you stay but sign a new tenancy agreement with a new LL, then your new LL is now required to re-protect the deposit. A copy of the deposit protection certificate or receipt and the deposit protection scheme leaflet for tenants need to be provided. This may change from tenancy to tenancy and should be set out in your tenancy agreement. Published in Workshops & Training. Providing this prescribed information (as set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007) is sometimes known as 'serving a Section 213 Notice'. What documentation needs to be provided to the tenant and relevant third parties? Outlining any reasons as to why the deposit may be withheld at the end of the tenancy, with reference to the terms of your tenancy agreement (requirement g.vi). What is the process for protecting a tenant's deposit? Prescribed Information (How To Rent Guide) To Be provided. What my|deposits members need to do Posted on June 8, 2017 Full size 400 × 400. The next job for landlords in England is to provide “prescribed information” which should be given to a tenant at the time of granting a new tenancy and ultimately before a section 21 notice can be served in England. Your landlord or agent must provide you with key information about your deposit’s protection, called the Prescribed Information. We’ve received calls from some my|deposits landlord members who read the article and were confused as to what exactly constitutes the Prescribed Information and, importantly, what landlords are required to do to comply with the law. If you’re a London-based landlord and read the Evening Standard’s Accidental Landlord column then you will have seen the last instalment (Weds 15th January) about deposit protection, which featured advice on this very subject. As you may know – as well as protecting the deposit the legislation also requires landlords to provide tenants with specific information about the deposit protection, called the Prescribed Information. What does s213 mean for tenants and landlords? If you’re in doubt, then contact your deposit scheme who will be able to help. › The amount of the deposit. Change ), You are commenting using your Facebook account. If they pay the deposit and aren’t served with the prescribed information, then there is a potential penalty claim against the landlord. Guides. The protection covers the full length of the Tenancy Agreement. and also pay a protection fee that lets you hold the deposit in your bank account. They must do this within 30 days of receiving the deposit from the tenant. Part of this process involves providing specific information and documentation regarding the TDP scheme to the tenant. Landlords should be aware that they need to satisfy. So, if my LL has not issued the PI and protected the deposit late (that is after 30 days), does the fact that they issue the PI now absolve them of their responsibility or as a tenant can I claim that having not issued the PI a S21 has no effect? ... Protection options categories: All legal documents (prescribed information) created for you. Some prescribed information which should be given also include: Guarantors, such as parents or guardians, are also entitled to information on the Tenancy Deposit Scheme. Prescribed information relating to tenancy deposits 2.—(1) The following is prescribed information for the purposes of section 213(5) of the Housing Act 2004 (“the Act”)— (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; PRESCRIBED INFORMATION RELATING TO TENANCY DEPOSITS* The Deposit Protection Service – Insured scheme NOTE: The landlord must supply the tenant with the Prescribed Information regarding any tenancy deposit required to be dealt with under the Insured tenancy deposit scheme. You can now filter and sort your deposit protection history. ... prescribed information. You must serve your tenants with the Prescribed Information within 30 days of the agent/landlord receiving the deposit. name and contact details of the tenancy deposit protection scheme and its dispute resolution service, name and contact details of landlord or lettings agency, contact details of any third parties who have paid the deposit (or part of it), conditions under which some or all of the deposit may be retained by landlord, how the tenant can apply to get their deposit back, what the tenant can do if they cannot get hold of landlord at the end of the tenancy, steps to take in case of a dispute over the deposit. We recommend you read this template along with the mydeposits Information for Tenants leaflet, so you fully … Post navigation. The legislation has been designed to protect your deposit and ensure that if entitled, you get it back. If this is how you protect deposits login here. Member LOGIN. Custodial deposit protection. Change ), You are commenting using your Google account. The case that you cite was heard in 2012. Landlords must return deposits within 10 days of both parties agreeing on any deductions at the end of the tenancy. Once protected, we hold the deposit for the duration of the tenancy. We felt that some clarification was needed in light of this but before we continue, there are a few key points to bear in mind with regards to the Prescribed Information and complying with the law: The good news is my|deposists members meet almost all of the requirements of the Prescribed Information through issuing, to the tenant, the Deposit Protection Certificate (DPC) (produced when a deposit has been successfully protected with us) and the my|deposits Information for Tenants leaflet. Important information which makes up part of the Prescribed Information to be sent to the tenant. Hi Needroos, really sorry for the delay. Failure to meet deposit protection obligations will invalidate a s21 notice. At the first instance, the court held the company had provided all the necessary information and ordered possession. The Housing Act 2004 made clear that 'prescribed information' was required to be served, and this was defined fairly well in The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 that you've linked to. Today, along with others leading organisations, we have signed an open letter to @, We're keen to find out more about you, do you prefer to be referred to as a 'renter' or a 'tenant'? The law states that the landlord is in breech of their obligations if they fail to protect the deposit and/ or issue the PI within 30 days of recieving the money. This means you must: Protect the tenant's deposit with a government approved scheme within 30 calendar days of receiving it from the tenant Provide the tenant with the prescribed information within the same 30-day deadline All landlords (and agents) taking a deposit from the tenant must comply with the deposit rules, which include serving prescribed information on the tenant within 30 days of receipt of the money. Please vote below ✅⬇. The deposit also has to be in the same scheme as before the renewal. and also pay a protection fee that lets you hold the deposit in your bank account. Additionally, they can be fined up to three times the amount of the deposit. Create a free website or blog at WordPress.com. Section 213 (10) then tells us that a relevant person is “Any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant”. Would the new LL now bear responsibility for not having the deposit protected and PI issues within 30 days? 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