Baafi v Mapp Central London County Court 24 June 2010
The landlord had served a section 21 notice and commenced possession proceedings. The claim was defended by the tenant on the basis that the prescribed information required by the The Housing (Tenancy Deposits) Prescribed Information Order 2007 had not been given.
The landlord had protected the deposit with MyDeposits and had only provided the certificate that is supplied by the scheme. This certificate makes it clear that it alone is not sufficient for the prescribed information order and that other information must be provided (for example what to do at the end of the tenancy if the landlord or agent cannot be contacted and also does not explain what things the landlord will retain the tenancy deposit against).
In addition to defending the section 21 possession claim, the tenant also sought the usual three times deposit compensation.
The landlords claim for possession was dismissed and the landlord was ordered to pay the tenant three times deposit.
I know that we are always banging on about the prescribed information but this is exactly why. The penalty provisions are exactly the same even if a deposit has been fully protected but the landlord (or agent) fails to provide the prescribed information. As a rule of thumb, if you have less than 10 pages of information, there might be something wrong and you should double check the information you are giving is correct.
As an example for the DPS who provide a prescribed information template, the following items are required:
- Prescribed information template – 4 pages
- Scheme rules – 6 pages
- Tenants leaflet – 2 pages
- Total – 12 pages
MyDeposits rules are even longer so will result in more pages. It is accepted that the whole rules are not necessarily required because the prescribed information order only requires certain parts of the rules. However, because the required parts are scattered, the safest way is to simply provide the entire scheme rules.
See this article for a list of prescribed information requirements.