Eviction without deposit PI served?

Eviction without deposit PI served?

10:07 AM, 28th June 2022, About 2 years ago 28

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Hi All, My tenant’s deposit funds were secured correctly at the start of the tenancy.

However, the explanatory prescribed information leaflets about reclaim of cash etc. has NOT been served upon the tenant.

My question is: Will the eviction get blocked because of this paperwork oversight?

If so for how long and is there an easy/quick remedy?

Many thanks

Cyril

HMRC >> https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants

Once your landlord has received your deposit, they have 30 days to tell you:

  • the address of the rented property
  • how much deposit you’ve paid
  • how the deposit is protected
  • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • their (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit
  • why they would keep some or all of the deposit
  • how to apply to get the deposit back
  • what to do if you can’t get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit

From Citizens Advice >> https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-landlord-has-protected-your-deposit/

Your landlord also has to give you ‘prescribed information’ – this includes details about the property and your deposit. They can’t evict you with a section 21 notice if they haven’t given you this information or they didn’t sign it to say it was accurate.

If your landlord gives you the prescribed information late or pays your deposit back to you, they will be able to evict you with a section 21 notice.


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16:55 PM, 28th June 2022, About 2 years ago

Reply to the comment left by Ian Narbeth at 28/06/2022 - 16:46
Agreed.
It is the Prescribed Information that must be served.
You can use a template or your own version: hand-written, typed or printed.
There is no question of serving any "leaflets".
The terms and conditions of the scheme provider will provide all the necessary information.
There cannot be any further obligation to provide otiose or redundant information whether by leaflets or any other method.

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17:00 PM, 28th June 2022, About 2 years ago

Reply to the comment left by Ian Narbeth at 28/06/2022 - 16:53
Thank you, Ian, for such a prompt reply.
Wish all the solicitors were as prompt, knowledgeable and considerate, as you.

Accidental LL

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17:09 PM, 28th June 2022, About 2 years ago

Hi Suresh

Pleased to see your confusion.

It is precisely the lack of knowledge regarding the CUSTODIAL CASH PROTECTION that I perceive exists within the PRS community, that I have raised this issue.

Mine is also with the DPS and it was also with the DPS that the Court of Appeal judgement (named above) dealt with and decided the landlord should pay the previously evicted tenant her £950 deposit and 3 x that - £2,850 to the ex tenant.

The payment is now limited to 1 to 3 times the deposit amount.

Please look at the 2007 Order at s 2 (1) (b) it distinctly states LEAFLETS. See above.

Whatever the DPS has told you on the phone just now is highly suspect in my mind, as without their printed Prescribed Information on paper, how on earth is a landlord expected to convey legally required info with exactitude, especially with an uncooperative, uncommunicative tenant.

I think that while Mr Gove is busy unfairly trashing PRS landlords, its members should become familiar with what i have only just uncovered and note the dangers and speak out about such ignorance both in the community and the law establishing government that is deminishing the supply of rental properties as I write.

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17:37 PM, 28th June 2022, About 2 years ago

Hi Cyril
Thank you.
I have just now read the brief extract of the Swindells case as per the link provided by Ian.
I cannot find anything exceptional in the case.
The Judge was lenient, and am not surprised it was overturned.
The Judiciary does not like anything that allows one to get away without following proper procedure.
It is felt that "Justice" is served in the long run by giving equal importance to procedure, and not make procedure subject to "substance of the case."
Keynes did observe that in the long run we are dead.
I did not see any reference to a "leaflet."
If it is not too much trouble, please supply to me a copy of the 2007 Order at s 2 (1) (b) where leaflets are mentioned.
I do not know whether you are allowed to give contact details. I am happy to give one of my e-mail addresses if this is permitted.

Ian Narbeth

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17:49 PM, 28th June 2022, About 2 years ago

Reply to the comment left by Suresh Parikh at 28/06/2022 - 17:37
Suresh and Cyril, the Order is here: https://www.legislation.gov.uk/uksi/2007/797/article/2/made

Cyril, the PI includes ALL the information listed in Article 2(1).

Accidental LL

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18:08 PM, 28th June 2022, About 2 years ago

Suresh
I found the statutary requirement for the CUSTODIAL scheme administrator being required to supply LEAFLETS to the tenant by searching gov.uk for rules about eviction and it is clearly stated in The Housing (Tenancy Deposit) (Prescribed Information) 2007 Order at s2 1 (b) that LEAFLETS if supplied to the landlord pertaining to (c) to (f) are to be issued as Prescribed Information to the tenant.
Try googling the Order.
The Court of Appeal did NOT DISCUSS (b) only (c) (d) (e) (f).
The failure to consider or even mention (b) is what led to the court's, (what I feel is an unfair outcome), decision against the landlord.
The WHOLE of the section is what matters. Picking selectively did not impart justice in accordance with the requirement Parliament intended.
Judges can and often are wrong, hence the existance of Appeal and higher courts.
Sorry I am not able to copy this and send it direct to you. The 118 system does not yet emable direct commumication.

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18:08 PM, 28th June 2022, About 2 years ago

Reply to the comment left by Ian Narbeth at 28/06/2022 - 17:49
Thank you, Ian.
Cyril
If I wear my logician's hat, then I would call the Order, which does refer to a "leaflet" a "meta-document."
It is for, in our case, the DPS to frame an 'object document', which they have done to comply with the meta-document.
There is no "DPS leaflet", so the question of serving it does not arise.
There is a DPS Template for the Prescribed Information and there is DPS Terms and Conditions.
We really do not have to make heavy weather out of it.
Just be good boys and serve the documents.

Ian Narbeth

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18:17 PM, 28th June 2022, About 2 years ago

Reply to the comment left by CYRIL STALEY at 28/06/2022 - 18:08Cyril
The reason solicitors are needed is that the law is often not obvious to a non-lawyer, even if they Google it.
Unfortunately the legislators make residential property more and more complex. Landlords who do it all themselves take on risk without knowing it. Breaches may be technical but punishments are severe.
As I said in my first post, I recommend you get professional help which will mean paying for it.

Accidental LL

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18:30 PM, 28th June 2022, About 2 years ago

Reply to the comment left by Suresh Parikh at 28/06/2022 - 18:08Hi Suresh
Meta-document .
At nearly 80 years of age I am still learning and exercising my brain.
Educated post World War 11, paper was all that was available until recent new technology with which I struggle.<
Can you please direct me to the FORM you speak of. It might help to straighten out my thinking, if I am on the wrong track.
You have me smiling - calling me a boy.

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19:40 PM, 28th June 2022, About 2 years ago

Good evening Cyril
When I wrote: "Just be good boys" - no disrespect was intended.
I was included, and I too am 80.
I hope this helps you.
1. http://www.depositprotection.com
2. Select Agents and Landlords
3. Keep the cursor on Agents and Landlords and go to :
Prescribed Information and other obligations
4. On that page you will find:
Prescribed Information Template
Download and print
5. Then scroll down to LEGAL, and under that to:
Custodial terms and conditions
6. Click on that and you will find right at the top of the page:
Click for a printable version of these terms and conditions.

Good luck. I hope I have not missed anything, and you find it easy to follow.

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