Prescribed Information – Landlords or Agents Details?

by Readers Question

9:20 AM, 16th July 2013
About 5 years ago

Prescribed Information – Landlords or Agents Details?

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Prescribed Information – Landlords or Agents Details?

Ive just read an article about a company who have set up to find “loop holes” in the deposit system and are claiming compensation for tenants.

The article I read last week said that landlords details should be on the prescribed information, where others say if they are using a management agent, the agent can complete these.

I have rang the DPS who told me they couldn’t give me advice which I thought was mad !!! Does anyone know the “correct” procedure so I can make sure all my paperwork is up to date and accurate.

Many thanks

Julieloophole



Comments

Antony Richards

15:20 PM, 16th July 2013
About 5 years ago

Julie, the act is very clear in what is required but can be subject to interpretation with the law of agency. SI 797/2007 is the relevant legislation.

The prescribed information includes:

Paragraph 2 (1) (g) the following information in connection with the tenancy in respect of which the deposit has been paid
(iii) the name, address, telephone number, and any e-mail or fax number of the landlord

So the safe answer is yes.

Gary Nock

16:08 PM, 16th July 2013
About 5 years ago

Julie - As per Antony above. Get the landlords to sign it and make sure you put the Landlords details on- email, etc as above. I now get the tenants to sign for the deposit protection certificate, custodial terms and conditions ( initial each page) any Tenant Guidance, and a copy of the DPS Entry confirming that the deposit is active.

Then I send a letter by first class post with a certificate of posting as follows:

" Please find enclosed the documents relating to your tenancy of the above property which commenced on the xxxxx These include:

1. Your Tenancy Agreement;
2. Your Deposit Protection Documents comprising:

(a)The DPS Prescribed information signed by your landlord;
(b) The Custodial Scheme Terms and Conditions;
(c) The Information For Tenants Leaflet;
(d) A print out from the DPS confirming that the deposit has been lodged with them. I can therefore confirm that the conditions for deposit protection have been met in that the deposit has been protected, and you have received the prescribed information as required by law within the 30 days allowed.

3. Your Inventory. Please ensure that if any significant errors or omissions are noticed on the inventory to notify me within 7 days of receipt"

Now we should not need to go to these lengths but until such time as the legislators, deposit protection schemes etc get it straight we are now all having to respond to individual cases to ensure we do not get caught out.

DC

20:06 PM, 16th July 2013
About 5 years ago

Julie, the correct procedure is written in the legislation.
Statutory Instrument 2007 No. 797 is the relevant reference point for Prescribed Information, however it MUST be read in conjunction with the Housing Act 2004 Sections 212 – 215, which deals with Tenancy Deposit Schemes, and the Localism Act 2011. Many people do not cross-refer all relevant legislation when giving their opinions, which only serves to complicate what is already a complex subject.

The correct procedure is that which is set out by the scheme that you use, be it custodial or insurance. The schemes are administered by four different bodies each of which have been legally authorised by the government. None of these schemes are administered identically so you must comply with the procedures set out by the one that you chose.

Contrary to what has already been said in this thread, if your chosen scheme states that all of the landlord details need to be on the prescribed information form then that is a legal requirement. Conversely if your scheme states that if protected under an agent, then landlord’s details are not legally required.

This is also the case concerning the signing of the certificate, which again the scheme administrator will stipulate if an agent can sign in lieu of a landlord.

Sec 212 (9) of Chapter 4 the Housing Act 2004, clearly states;

In this Chapter—
(a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies..

Mark Alexander

7:10 AM, 17th July 2013
About 5 years ago

I agree with DC and have given him a "thumbs up


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