Not got entire prescribed information? Penalty!

**Z4trouble** · 21-02-2013 00:59 AM

Hi

My landlord included the PI in our tenancy. However within the PI it stated "a leaflet explaining how the deposit is protected by the housing act 2004 will be provided to the tenant by the person holding the deposit being AGENT X"

However, although the PI sheets are withn our tenancy, the agent never did give us that leaflet explaining how it is protected.

Does this mean the PI is complete or incomplete?

Can LL be penalised for this?

Our tenancy ended about 3 weeks ago and landlord is also trying to seek some money for cleaning! Even tho property was clean! Hence has got some of our deposit still in their hands

Key question. Is the prescribed infromation incompletely been given to us as a leaflet was never given!

**Interlaken** · 21-02-2013 07:13 AM

What do you mean by 'penalised'? Hanging, water boarding or giving you loads of money to go away?
It would seem that the landlord did give you some information but what could be argued as 'a clerical error' means he left the leaflet out or maybe you lost it?
Why are you bringing this up so late in the day one has to ask? Could it be that you are trying to get out of the cleaning costs being imposed?
Why not challenge the cleaning costs in a fair and square manner?

**Snorkerz** · 21-02-2013 09:53 AM

If the prescribed information has not been provided in full, then yes, you can sue your landlord for up to 3 x the value of the deposit. However, this is not a 'small claims' case, it has to be commenced on court form N208 and will be allocated to the County Court 'Multi Track'. The total court fees that you will need to pay before getting a hearing will total over £1000 and the court process is much more complex than 'small claims' so you would realistically need a solicitor.

All the above does not prevent the landlord claiming for any diference in condition between the start and end of the tenancy. It is amazing how many tenants think a quick vac is the same as having the place professionally cleaned. You say the place was clean . . . what about the light fittings? Picture rails? top of kitchen cupboards? top of doors & door frames? windows freshly cleaned? Most tenants don't have enough time to do that on move-out day.

**tim123456789** · 21-02-2013 10:53 AM

Originally Posted by Snorkerz

It is amazing how many tenants think a quick vac is the same as having the place professionally cleaned. You say the place was clean . . . what about the light fittings? Picture rails? top of kitchen cupboards? top of doors & door frames? windows freshly cleaned? Most tenants don't have enough time to do that on move-out day.

And you think professional cleaners do all that.

The ones that did my current place (before I moved in) didn't

And it's quite common for people not to do "same day" moves in rented, this risk of your new house falling through at the last minute are too great to trust to that.

**MrJohnnyB** · 21-02-2013 10:58 AM

Originally Posted by tim123456789

And you think professional cleaners do all that.

The ones that did my current place (before I moved in) didn't

And it's quite common for people not to do "same day" moves in rented, this risk of your new house falling through at the last minute are too great to trust to that.

Shouldn't fall through if contract was agreed prior to the date you moved in as happens in 9999 cases out of 10,000. I would expect agent/landlord to find me alternative acccomodation if I signed and he/she didn't provide.

**Z4trouble** · 21-02-2013 17:03 PM

Tds terms say:

The Scheme's Information for Tenants must be attached to the Prescribed Information form when giving to the tenant.

However we wesn not given this. So was the p info incomplete

So I can file against her

**Snorkerz** · 21-02-2013 17:40 PM

For crikeys sake, yes you can claim if you can afford the £1000+ cost of such a claim - see post 3.

**westminster** · 21-02-2013 17:42 PM

Originally Posted by Z4trouble

Tds terms say:

The Scheme's Information for Tenants must be attached to the Prescribed Information form when giving to the tenant.

However we wesn not given this. So was the p info incomplete

So I can file against her

What part of Snorkerz' post did you not understand?

Originally Posted by Snorkerz

If the prescribed information has not been provided in full, then yes, you can sue your landlord for up to 3 x the value of the deposit.