Eviction without deposit PI served?

Eviction without deposit PI served?

10:07 AM, 28th June 2022, About 2 months ago 28

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Hi All, My tenant’s deposit funds were secured correctly at the start of the tenancy.

However, the explanatory prescribed information leaflets about reclaim of cash etc. has NOT been served upon the tenant.

My question is: Will the eviction get blocked because of this paperwork oversight?

If so for how long and is there an easy/quick remedy?

Many thanks

Cyril

HMRC >> https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants

Once your landlord has received your deposit, they have 30 days to tell you:

  • the address of the rented property
  • how much deposit you’ve paid
  • how the deposit is protected
  • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • their (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit
  • why they would keep some or all of the deposit
  • how to apply to get the deposit back
  • what to do if you can’t get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit

From Citizens Advice >> https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-landlord-has-protected-your-deposit/

Your landlord also has to give you ‘prescribed information’ – this includes details about the property and your deposit. They can’t evict you with a section 21 notice if they haven’t given you this information or they didn’t sign it to say it was accurate.

If your landlord gives you the prescribed information late or pays your deposit back to you, they will be able to evict you with a section 21 notice.



Comments

CYRIL STALEY

11:37 AM, 28th June 2022, About 2 months ago

The above from the citizen's advice deals only with S21 and I expect they are only considering the usual PI: How to Rent Guide, EPC, CGC.

The question asked above is specifically about the lack of issue to the tenant of the various advisory leaflets printed for supply to the landlord for onward passage to their tenant which the gov.uk info above details to be served within 30 days of tenancy start.
There is NO MENTION OF LATE DELIVERY.

The citizen's advice speaks only of S21 omitting discussion regarding S8 for which the S21 PI does not, i believe apply.

The question is very specific to the TDP scheme leaflets.

Ian Narbeth View Profile

12:02 PM, 28th June 2022, About 2 months ago

Cyril
If you failed to serve the Prescribed Information form within 30 days you may be penalised between one and three times the amount of the deposit.

A claim under s21 will fail.

Are you trying to evict using s21 or s8?

I suggest you seek professional help.

Judith Wordsworth

12:38 PM, 28th June 2022, About 2 months ago

Reply to the comment left by Ian Narbeth at 28/06/2022 - 12:02
It’s actually 1-5 x the deposit I think.
If you serve now they can request the court to order the fine, if you just give them the deposit back now I believe that that might be the end of the matter.
Trouble is the Court does not like “oversights” by landlords. We are supposed to check and treble check everything we do is correct and legal to the letter

Ian Narbeth View Profile

14:49 PM, 28th June 2022, About 2 months ago

Reply to the comment left by Judith Wordsworth at 28/06/2022 - 12:38
Judith
I think it is 1 to 3 times - see Section 214(4) Housing Act 2004

CYRIL STALEY

15:17 PM, 28th June 2022, About 2 months ago

Placing aside penalty levels and also S21 invalidity for lack of PI service, let us concentrate just on S8 mandatary grounds.
I can use ground 1 - prior occupation and my wish to return.
I believe the usual PI is not pertinent to S8 but in common with S21, S8 involves the Deposit Protection being correctly registered, i my case the DPS.
The DPS did NOT supply their tenant guidance leaflets, (PI), to me! Therefore, it is NOT incumbent upon me to source them and then serve them to my tenant, in the same way as if I told my tenant where to obtain them for themselves, it is NO ANSWER for my prior ommision.
The Housing (Tenants Deposit) (Prescribed Information) Order 2007 predicates at (b) the requirements of (c) (d) (e) (f) by the landlord in the event of the scheme administrator's failure of provision to the landlord.

Ian Narbeth View Profile

15:22 PM, 28th June 2022, About 2 months ago

Reply to the comment left by CYRIL STALEY at 28/06/2022 - 15:17Cyril, you write: "The DPS did NOT supply their tenant guidance leaflets, (PI), to me! Therefore, it is NOT incumbent upon me to source them and then serve them to my tenant, in the same way as if I told my tenant where to obtain them for themselves, it is NO ANSWER for their prior ommision (sic)."
Sorry, it MOST DEFINITELY IS incumbent on you to source them and serve them on your tenant.

CYRIL STALEY

16:26 PM, 28th June 2022, About 2 months ago

Ian
I note that you are a solicitor so could I ask you to look at s (1) (b) of the 2007 Order carefully which reads - "any informtion contained in a leaflet supplied by the scheme administrator to the landlord"..... and is thereafter indentified within (c) to (f).
Should (b) not be complied with, in that nothing has been SUPPLIED to the landlord, then the landlord has nothing in law to pass to his tenant.
Looking at the judgement in AYANNUGA v SWINDELLS (2012) EWAC in 1789 CA, (b) was totally ignored BUT the judges did declare that it was not incumbent upon the tenant to sourse the DPS PI (c) to (f) themselves. 4 LEAFLETS.
Again, my non-professional view, is, that to be fair and equitable in law, the same sentiment must apply in regard to the landlord not being required to search out, obtain and serve the DPS PI within a tight time limit of probable much less than 30 days.
My letting agent did not provide me with the DPS certificate of registration dated 8/11/21 until I demanded it on 1st June 2022 and I understand late provision now of the DPS PI is not permissable.
I enjoy a legal discussion and would very much appreciate any comments from members of this extremely helpful property 118 system.

Suresh Parikh

16:39 PM, 28th June 2022, About 2 months ago

Hi Cyril and Ian

Re: "the explanatory prescribed information leaflets about reclaim of cash etc. "

The original query is about "explanatory...leaflets" and whether they have to be served.

I am now totally confused.

Ian's view is that they do have to be served.
I was not even aware that such leaflets existed.
Perhaps, we need to sort out which scheme is being used.
I have just now phoned the DPS about their Custodial Scheme (the one I use).
It is confirmed that there are not any "leaflets" which require to be served - only the "Prescribed Information" and their terms and conditions.
That is all.
I read in another reputable website that the Landlord has to sign the Deposit Certificate and send it to the Tenant.
The DPS have confirmed to me today that that is not true.

Ian Narbeth View Profile

16:46 PM, 28th June 2022, About 2 months ago

Hi Cyril, perhaps I should clarify. You must serve the Prescribed Information Form on the tenant. You referred to "tenant guidance leaflets, (PI)" by which I assumed you meant Prescribed Information. That is what I was referring to.

It is not for the DPS or the TDS or anyone else to "supply" you with the paperwork. It is your/your agent's responsibility to get it, fill it in correctly and serve it on your tenant. Your non-professional view is wrong. You as landlord have the duty to provide the PI. You cannot blame the deposit company for not holding your hand.

Swindells lost on appeal. See e.g. here: https://www.pla.org.uk/2012/11/ayannuga-v-swindells/ "What was required to be provided but was not provided, was information relating to the scheme’s procedures for the deposit’s return to the tenant in the circumstances specified in the legislation. The legislation required the landlord to provide the information and that was not done (emphasis mine). They were not mere matters of procedure, but were of real importance to the tenant, defining the circumstances in which the tenant can recover the deposit and the means by which disputes can be resolved, including resolution without recourse to litigation."

Ian Narbeth View Profile

16:53 PM, 28th June 2022, About 2 months ago

Reply to the comment left by Suresh Parikh at 28/06/2022 - 16:39
Suresh, please see my reply to Cyril. I used his terminology and that has perhaps caused the confusion. I should perhaps have said "the PI form" rather than "them" in my 15:22 PM post.

In a short post, I cannot set out all the requirements and pre-conditions for serving s21 or s8 notices.

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