TDS Advisroy leaflet vs Prescribed Information

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    TDS Advisroy leaflet vs Prescribed Information

    Hello All,

    I am a new landlord and just came to know about this "Prescribed Information" stuff.
    I protected the deposit on same day with TDS and have sent the tenant Deposit Certificate and Advisory Booklet.

    Is the "Advisory booklet" same as Prescribed Information" ? Am I safe or exposed to Penalty?

    Thanks

    #2
    See the examples here..
    https://www.tds.gb.com/landlords-doc...and-forms.html
    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
      Thanks theartfullodger.

      I went through the link and unfortunately I am not able to come to a conclusion whether I have done my legal stuff well.

      I have given Certificate and Advisory Booklet only. I did all this on the same day that the tenant gave me deposit. Should I download the document on that link, fill the form and serve him the document even now, if Advisory Booklet is not sufficient.

      Thanks.

      Comment


        #4
        If you protected via the TDS and sent a copy of the certificate and the scheme booklet it is unlikely this alone will be enough. I say this because I know from experience that the TDS certificate does not include the address and other contact details of the landlord. Even if your tenancy agreement states that, I am assuming that it probably doesn't include any of the following (all of which must be provided):

        (vi)the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy; and

        (vii)confirmation (in the form of a certificate signed by the landlord) that—

        (aa)the information he provides under this sub-paragraph is accurate to the best of his knowledge and belief; and

        (bb)he has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of his knowledge and belief.


        So, yes you are probably exposed. What to do about it is another matter. Nothing may be the best course of action.

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