Most important: Supply the necessary information to the tenant within 14 days
Most important: Supply the necessary information to the tenant within 14 days (in reality you will provide this information when you sign the tenancy agreement)
This part is the most important part and you should take the time to read it carefully.
When you receive a deposit, you must supply the tenant with some prescribed information in a prescribed form within 14 days. In reality, you will do this at the same time as signing the tenancy agreement.
The information you must give the tenant is that contained in The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. This order is referred to in section 213 of the Housing Act 2004, which is why it is called a section 213 notice.
Some of the scheme administrators are telling landlords they simply need put an extra paragraph in their tenancy agreement and that will be sufficient. THIS IS NOT CORRECT! You must in addition to the clause they ask for, give the tenant the other information as required by the order. They are also saying that the information they provide to the tenant via a protection certificate will cover the requirements. The order though requires the LANDLORD to provide the information, not the scheme administrator. A full explanation is given here.
The information you must provide in a form (or a form substantially to the same effect) is as follows:
(a) the name, address, telephone number, e-mail address and any fax number of the scheme administrator of the authorised tenancy deposit scheme applying to the deposit;
(b) any information contained in a leaflet supplied by the scheme administrator to the landlord which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Act;
(c) the procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the tenant at the end of the shorthold tenancy ("the tenancy");
(d) the procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy;
(e) the procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit;
(f) the facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation; and
(g) the following information in connection with the tenancy in respect of which the deposit has been paid-
(i) the amount of the deposit paid;
(ii) the address of the property to which the tenancy relates;
(iii) the name, address, telephone number, and any e-mail address or fax number of the landlord;
(iv) the name, address, telephone number, and any e-mail address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy;
(v) the name, address, telephone number and any e-mail address or fax number of any relevant person;
(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.
