Landlord not issuing Tenancy Deposit Certificate

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord not issuing Tenancy Deposit Certificate

    Hi all

    Need a steer. In April 2014, Landlord and Tenant agree terms of an Assured Shorthold Tenancy Agreement. The Tenancy Agreement has the usual Prescribed Clauses built into it, the Tenant pays the Landlord the tenancy deposit. The Landlord protects the deposit but does not issue the Tenant with the Tenancy Deposit Certifcate. Tenant moves out in 2017 and both parties go their separate ways.

    Does the Housing Act provide for sanctions for non-compliance of giving Tenant the Tenancy Deposit Ceriticate? The law is crystal clear on sanctions for Landlords not physically protecting the deposit but unclear on Landlord failing to give Tenant the Tenancy Deposit Certificate.

    Thanks in advance for any guidance

    #2
    The issue is did landlord/agent serve PI (Prescribed information) - rather than the certificate

    See..
    https://england.shelter.org.uk/legal...ed_information
    &
    https://england.shelter.org.uk/legal...ion_214_claims
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      And in terms of protecting the deposit, the rules is more specifically that the landlord must comply with the scheme's initial requirements within the time limit. As an example, the DPS custodial scheme's initial requirements is basically open an account and give them the money. Whereas for MyDeposits insurance scheme, IF there are joint tenants the landlord must give a copy of the Deposit Protection Certificate but not if it's only a single person as tenant.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Thanks Artful Dodger. The Prescribed Information was built into the Tenancy Agreement but the very last requirement in the caption marked "Prescribed Information" on the Shelter website states -
        • a certificate signed by the landlord or her/his initial agent confirming that the information provided to the tenant/relevant person is accurate to the best of the landlord/agent's knowledge, and that the tenant has been given the opportunity to sign it to confirm that the information is accurate to the best of the tenant's knowledge. This certificate is not necessarily a copy of any deposit protection certificate issued by the scheme.
        Does the built-in Prescribed Clauses in the Tenancy Agreement satisfy this? Or does the Tenant have a claim for the Landlord's failure to provide the required information?

        Comment


          #5
          Lodger not dodger: I don't dodge....

          Sadly I'm sorry but what is stated in the tenancy agreement is something I can't read from here...


          Does it have ALL of...
          Required information


          The prescribed information is set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007.[2] All of the following is to be provided to the tenant and any relevant person:
          • the name, address and contact details (ie telephone number, e-mail address and any fax number) of the scheme administrator of the authorised tenancy deposit scheme where the deposit is protected
          • information leaflet supplied by the scheme administrator to the landlord or her/his initial agent explaining the operation of the provisions of the tenancy deposit protection legislation (ie sections 212-215, and Schedule 10, Housing Act 2004 as amended)
          • the procedures that apply under the scheme about:
            • the repayment of the deposit at the end of the tenancy
            • what to do if either the landlord/agent or the tenant is not contactable at the end of the tenancy
            • how disputes about the amount of deposit to be returned will be resolved
          • the facilities available for out-of-court dispute resolution
          • all the following information about the deposit paid and the related tenancy:
            • amount of the deposit paid
            • address of the property to which the tenancy relates
            • landlord's name, address and contact details (ie telephone number and any e-mail address or fax number) or of her/his initial agent
            • tenant's name/joint tenants' names, address and contact details (ie telephone number and any e-mail address or fax number)
            • any relevant person's name, address and contact details (ie telephone number and any e-mail address or fax number, where applicable
            • situations in which all or part of the deposit may be retained under the terms of the tenancy agreement
            • a certificate signed by the landlord or her/his initial agent confirming that the information provided to the tenant/relevant person is accurate to the best of the landlord/agent's knowledge, and that the tenant has been given the opportunity to sign it to confirm that the information is accurate to the best of the tenant's knowledge. This certificate is not necessarily a copy of any deposit protection certificate issued by the scheme.
          please?

          If not, he hasn't served PI so you can sue for up to 3xdeposit.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            If the prescribed information section of the agreement contains everything required by "The Housing (Tenancy Deposits) (Prescribed Information) Order 2007" and words of the form
            By signing this agreement the landlord confirms that the information provided is accurate to the best of the his knowledge and belief, and that the tenant has been given the opportunity to sign it to confirm that the information is accurate to the best of the his knowledge and belief.
            then it is probably OK; if it doesn't contain such words, then it probably does not meet the requirements.

            Comment


              #7
              Bump

              Further update on this. The Tenancy Agreement as all the information cited in Artful Lodger's post at 21.56pm on 29th January 2019 except:

              "-
              information
              leaflet supplied by the scheme
              administrator to the landlord or her/his
              initial agent
              explaining the operation of the provisions of the tenancy deposit protection legislation (ie sections 212-215, and Schedule 10, Housing Act 2004 as amended)"

              The tenancy agreement contains a clause stating:
              "Please see the attached leaflet from the scheme for further information. Information can also be found at www.mydeposits.co.uk."

              There was no attached leaflet. Would simply directing the Tenant to the website suffice? Wasn't sure if the Landlord had to physically hand over the leaflet to satisfy the requirements.

              Thanks in advance



              Comment


                #8
                Is this a homework question London Lad, or are you seriously trying to sue landlord for providing a link rather than the actual leaflet?

                Comment


                  #9
                  Definitely not homework, just trying to establish the true position. Am using this forum for information, that's what its for.

                  Comment


                    #10
                    That shelter article is actually wrong - the requirement for a leaflet only arises if there is one.
                    The actual legislation says "any information contained in a leaflet supplied by the scheme administrator..."

                    The schemes have twigged this and don't all have such a leaflet any longer.
                    I don't use mydeposits personally, so I can't vouch for whether they do or don't.

                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Originally posted by LondonLad2019 View Post
                      Definitely not homework, just trying to establish the true position. Am using this forum for information, that's what its for.
                      Well then you need to provide more information such as but not limited to which exact scheme was the deposit protected (not just MyDeposits for example, was it their insurance scheme or their custodial one), and whether the tenant was one individual or whether there were joint tenants.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      I do not answer questions through private messages which should be posted publicly on the forum.

                      Comment


                        #12
                        KTC - it was a Custodian Scheme with MyDeposits.co.uk. Tenant was an individual, deposit was taken in 2014.

                        Comment


                          #13
                          Originally posted by LondonLad2019 View Post
                          KTC - it was a Custodian Scheme with MyDeposits.co.uk. Tenant was an individual, deposit was taken in 2014.
                          That.... not possible. MyDeposits only started offering a custodial scheme from April 2016.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          I do not answer questions through private messages which should be posted publicly on the forum.

                          Comment


                            #14
                            Just checked again, the deposit was paid in June 2014 and protected with MyDeposits, assume that was Insurance backed. Only one tenant, an individual

                            Comment


                              #15
                              MyDeposit's "Information for Tenants" leaflet is the leaflet for the purpose of art. 2(1)(b) of The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. It is alo a requirement of MyDeposit's insurance scheme's initial requirements that the "Information for Tenants" leaflet be given to the tenant (Clause C1.6 of MyDeposits Scheme Rules 8th Edition).

                              It is the information within that's required to be provided, not a physical copy of the leaflet itself. It is not sufficient for the landlord to provide a link to the website where it may be found: Ayannuga v Swindells [2012] EWCA Civ 1789, Suurpere v Nice & Anor. [2011] EWHC 2003 (QB).
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X