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Tenant claims compensation for failure to serve PI?
12:01 AM, 1st October 2025, 6 months ago
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My previous letting agent found the current tenant in 2018 and managed the property until 2021. During that time, the agent collected the rent from the tenant but subsequently disappeared. Unfortunately, they only left me with the first and last pages of the tenancy agreement, and the Prescribed Information (PI) was not included. However, the deposit was protected with MyDeposits.
A new agent later took over and was able to locate the deposit and update the agent details with MyDeposits. We issued the PI as part of a new agreement, but neither I nor the agent signed it. The tenant also refused to sign the new contract and therefore remained on a statutory periodic tenancy stemming from the original agreement.
In 2023, we attempted to serve a Section 21 notice, but the court deemed it invalid due to the PI not being served within 30 days, despite the fact that our solicitor had served it before issuing the Section 21 notice.
The tenant is now seeking compensation of £3,000 for the alleged failure to serve the PI within the required timeframe. My understanding is that the original breach occurred more than six years ago, and any claim related to that should now be time-barred. However, my main question is: does the change of managing agent trigger a new requirement to re-serve the Prescribed Information and effectively restart the 30-day period?
Thanks,
Wendy
Tags:
Prescribed Information, Section 21 Notice, statutory periodic tenancy, Tenant Deposit Protection
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Member Since July 2023 - Comments: 179
10:16 AM, 1st October 2025, About 6 months ago
Wendy.
Sorry to have you tell you this but the six years starts after T moves out.
We have been caught out with this as well.
Member Since July 2023 - Comments: 179
10:18 AM, 1st October 2025, About 6 months ago
Secondly.
No regarding MA.
It’s your AST as in you the LL are the one responsible for all rental compliance matters
Partly why we only use; find, reference and inventorise MAs
Member Since January 2020 - Comments: 559
10:19 AM, 1st October 2025, About 6 months ago
I have seen people raise the issue of 6 years (limitations) before and solicitors advise this is not applicable. Logically every failure to serve PI would be voided at six years, which is not the case.
The change of managing agent is noting to do with the tenant.
The usual suggestion is to return the deposit to the tenant before issuing s21; I don’t think this stops you being liable for the penalty, but it will allow you to serve s21.
I suggest you go back to your solicitor and check if they suggest returning the deposit and staring again.
If you can’t prove that PI was served at the outset then you may be liable for the tenant’s payment.
Member Since September 2018 - Comments: 3504 - Articles: 5
11:04 AM, 1st October 2025, About 6 months ago
in the same circumstance, can T claim the same if the deposit itself was paid from a third party and NOT the tenant themselves? (and you can provide evidence of the same).
It it the case that a valid claim can only be made by the person who paid BOTH the deposit and who paid the rent? If these were two different people then neither could claim a rent repayment????
Member Since July 2013 - Comments: 357
6:10 PM, 1st October 2025, About 6 months ago
Raise counter claim for any damage etc .
It is up to 3x does not mean it will be.
Given the fact agent let you down
Member Since January 2024 - Comments: 13
9:02 AM, 2nd October 2025, About 6 months ago
Provided the deposit was protected on time, the prescribed information can be served late. The PI must be served to the tenant before you give notice in order for the notice to be valid. If the deposit protection was moved between agents, then yes you would need to reserve giving the new agent details as an ‘interested party’.
Member Since April 2025 - Comments: 3
6:00 PM, 2nd October 2025, About 6 months ago
Speaking with experience of trying to sell a rental through Romans/Leaders it might be because landlords cannot achieve a sale due to their incompetence.
Accepted an offer from a first time buyer 29th April. Romans then dropped the ball and despite repeated requests for action to chase the buyer they didn’t find out until August they didn’t have an approved mortgage in place after all. Then she did.
Now she doesn’t. After months of their utter shambolic service I can’t fund an empty property any longer so it will be rented out again. One very reluctant landlord here who didn’t choose to remain but was let down by a lazy agent more keen to keep the buyer they’d introduced than actually provide a service for the person ultimately responsible for their fee.
Member Since October 2020 - Comments: 1134
4:03 PM, 6th October 2025, About 6 months ago
The statute of limitations DOES apply to deposit penalty claims and the 6 years begins 30 days after the deposit is received, not when the tenant moves out.
If youve had a solicitors letter, I suggest you reply with the applicable dates and state that you believe that any claim is time barred.
The PI can be served late for s21 purposes, but this wouldn’t protect the landlord from a penalty claim.