Prescribed information: the second duty most landlords miss
Protecting the deposit is only half of s.213. Within the same 30 days the landlord must serve the prescribed information — the document set listed in SI 2007/797. Courts have penalised landlords whose certificates were incomplete or never served on every tenant.
What must be served — article 2(1), SI 2007/797
- the name, address, telephone number and e-mail address of the scheme administrator
- any information contained in the scheme administrator's leaflet explaining how the protection provisions work
- the procedures that apply under the scheme for paying or repaying the deposit at the end of the tenancy
- the procedures that apply where either the landlord or the tenant is not contactable at the end of the tenancy
- the procedures that apply where the landlord and tenant dispute the amount to be repaid
- the facilities available under the scheme for resolving a dispute without litigation
...and the tenancy details — article 2(1)(g)
- the amount of the deposit paid
- the address of the property to which the tenancy relates
- the name, address, telephone number and e-mail address of the landlord
- the name, address, telephone number and e-mail address of the tenant (and any relevant person who paid on their behalf)
- the circumstances in which all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy
- a confirmation, signed by the landlord, that the information provided is accurate to the best of their knowledge and belief
Each missing item is ammunition. If the certificate omits the scheme's dispute procedures or was never signed with the tenancy details, the s.213(6) duty was breached — independent of protection. That pushes the judge up the multiplier range and makes early settlement far more likely. Check what you actually received against the list above.
Casewright claim pack
Landlord in the landlord failed the 30-day rule? The Casewright Tenancy Deposit Pack generates your formal 14-day Letter Before Claim and Money Claim Online particulars citing s.213 and s.214 Housing Act 2004. Flat £69 — no percentage of your award, unlike no-win-no-fee deposit lawyers who take 35–42%.
FAQs
Does the deposit certificate count as prescribed information?
Only if it contains everything SI 2007/797 requires. A bare "your deposit is protected" email does not. The certificate must be accompanied by the scheme leaflet and the tenancy details — or the service is defective.
Who must receive the prescribed information?
The tenant AND any "relevant person" — anyone who paid the deposit on the tenant's behalf (a parent, a guarantor, a council under a deposit bond scheme). Ayannuga v Swindells [2012] EWCA Civ 16 held service on one tenant is not enough where there are several.