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Question

Applying to Court for Possession — Accelerated Procedure (England) | Ending a Tenancy (England) | England

Prescribed Information isse

1 Dec 2022 | 1 comment

The AST tenancy, which only dates to 2021, looks possibly like an older precedent and says very little about the deposit and only that it is being paid for security for the performance of the tenant’s obligations and to compensate the landlord for any breach of these.  The deposit was otherwise correctly protected and prescribed information served in time. However, as regards the prescribed information re DPS, in the section where the relevant clauses should be inserted from the tenancy agreement to detail the circumstances when the landlord may retain part or all of the deposit, it is blank. The terms and conditions of the DPS scheme were attached.

Do you think this is likely to afford the tenant a defence to section 21 accelerated proceedings?

Answer

1 Comment

  1. guildy

    It’s difficult to know, but it would seem harsh if that were the only thing missing. Especially if the tenancy does say what the deposit can be used for.

    You can give prescribed information late, and it does not affect section 21, so it might be worth issuing complete prescribed information before the notice.

    This is one of the leading cases for deposit prescribed information: https://england.landlordsguild.com/article/tenancy-deposit-prescribed-information-ayannuga-v-swindells?objectId=article-372-4.

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