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unhappydisgustingWOW
24-03-2010, 18:35 PM
What would be the consequence of a Landlord registering a Tenants deposit within the given 14 days, but then being a few weeks late in giving the tenant the details of where it's held?

I believe the LL has 14 days to give these details to the T, is that 14 days from the day it's protected or the day the deposit is received?

Snorkerz
24-03-2010, 19:19 PM
The prescribed information has to be given within 14 days of the deposit being paid to the landlord - as it is standard text, no real excuse for it taking more than 24 hours to print off and present ;)

Consequences - pretty much the same as not protecting the deposit in the first place - no valid s21 can be served and there is the potential of the 3x penalty - but the latter is very unlikely.

westminster
25-03-2010, 15:05 PM
What would be the consequence of a Landlord registering a Tenants deposit within the given 14 days, but then being a few weeks late in giving the tenant the details of where it's held?

I believe the LL has 14 days to give these details to the T, is that 14 days from the day it's protected or the day the deposit is received?

s.213(6) Housing Act 2004

(6)The information required by subsection (5) must be given to the tenant and any relevant person—
(a)in the prescribed form or in a form substantially to the same effect, and
(b)within the period of 14 days beginning with the date on which the deposit is received by the landlord.

Consequences of lateness in providing prescribed information:
Any s.21 notice issued prior will be invalid, and

if deposit protected with the DPS, no penalty
if protected with mydeposits, penalty highly unlikely
if protected with the TDS, the prescribed info must be included in the tenancy agreement in order to comply with the scheme's requirements, therefore the deposit will not be protected, therefore penalty likely (in which case protect deposit with the DPS to avoid risk of penalty)


Consequences of not providing the prescribed information:
A s.21 notice will not be valid, and

if deposit protected with the TDS, as above
if protected with the two other schemes, penalty unlikely