Landlords Obligations
We must remember that there are essentially two things required under the legislation.
- The first is a landlord must comply with the "initial requirements" of a scheme [s213(3) HA 2004] within 14 days of receiving the deposit. These "initial requirements" can require certain prescribed information in addition to that under the law. Obviously the "initial requirements" of a scheme includes things like registering your details, registering the deposit etc. But it can also require certain information be provided by the landlord to the tenant. Which we discuss here.
- The second thing is that the landlord must provide a prescribed form containing information to the tenant within 14 days. The prescribed form is provided in
Can the scheme administrator provide any of the prescribed information?
No. This is a common mistake made by landlords nationwide. They think that the information provided by the scheme administrator is sufficient but it isn't. The information they supply is entirely separate to landlords obligations.
Section 213 Housing Act 2004 makes this abundantly clear and reads as necessary:-
"(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 14 days beginning with the date on which it is received.
...
(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to-
(a) the authorised scheme applying to the deposit, and
(b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
(c) the operation of provisions of this Chapter in relation to the deposit,
as may be prescribed."
Notice the words I have made bold. It does not say for example "where a landlord has received ... the scheme administrator or the landlord ..." It is clearly and without question that the landlord must supply the appropriate information.
It has to be this way if you think about it. We know that we must supply the information within 14 days. Lets take the custodial scheme as an example. If we transfer the deposit to them via cheque on day 13, they will not receive it until day 14/15. They will then wait for it to clear which takes us to day 18. Then they issue a certificate and information to the tenant on day 20. Clearly this is past the 14 day rule and an offence has been committed.
It is for this kind of example that the "landlord" must supply the information. In reality, an efficient landlord will have a prepared prescribed form (Deposit Information Certificate) and will give them the information at the same time as signing the tenancy agreement.
