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The Housing Tenancy Deposits Prescribed Information Order 2007

This is the order that is an amendment to Housing Act 2004 and covers prescribed information for the purposes of section 213(5) of the Housing Act 2004

The tenancy deposit schemes came into force on 6 April 2007 through this legislation and the idea of the schemes is to safeguard tenancy deposits and to provide dispute resolution methods of resolving disputes in relation to deposits. From that date it has been necessary for every deposit taken by a landlord in respect of an assured shorthold tenancy to be protected by a tenancy deposit scheme. If your deposit has not been protected in the correct manner it is not it will not be possible to serve a Section21 notice and thus obtain possession. The landlord also needs to provide the tenant with prescribed information such as the name and address of the administrator, procedures to be followed if a dispute arises etc This Order covers that Prescribed information

1. This Order may be cited as the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 and shall

come into force on 6th April 2007.

Prescribed information relating to tenancy Deposits

2. (1) The following is prescribed information for the purposes of section 213(5) of the Housing Act

2004 (“the Act”) –

(a) the name, address, telephone number, e-mail address and any fax number of the scheme

administrator(b) of the authorised tenancy Deposit scheme(c) 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(d);

(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(e) (“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;

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;

the facilities available under the scheme for enabling a dispute relating to the Deposit to be resolved without recourse to

litigation; and

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.

(2) For the purposes of paragraph (1)(d), the reference to a landlord or a tenant who is not contactable

includes a landlord or tenant whose whereabouts are known, but who is failing to respond to

communications in respect of the Deposit.

(a) 2004 c.34. The powers conferred by section 213(5) and (10) and 250(2)(b) are exercisable, as

respects England, by the Secretary of State and, as respects Wales, by the National Assembly for

Wales. See the definition of the “appropriate national authority” in section 261(1) of the Act.

(b) For the meaning of “the scheme administrator” see section 212(3) of the Act.

(c) For the meaning of “tenancy Deposit scheme” see section 212(2) of the Act.

(d) For amendments to Schedule 10 to the Act, see the Housing (Tenancy Deposit Schemes) Order

2007 (S.I. No. 2007/796).

(e) By section 212(8) of the Act “shorthold tenancy” means as assured shorthold tenancy within the

meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c.50).

EXPLANATORY NOTE

(This note is not part of the Order)

Under section 212 of the Housing Act 2004 (“the Act”) the appropriate national authority (being, in England, the Secretary

of State, and in Wales, the National Assembly for Wales) must make arrangements for securing that one or more tenancy

Deposit schemes are available for the purpose of safeguarding tenancy Deposits paid in connection with shorthold tenancies.

Section 213 of the Act sets out requirements relating to tenancy Deposits.Where a landlord receives a Deposit in connection

with a shorthold tenancy, he must,within 14 days of the date on which the Deposit is received, comply with any initial

requirements imposed by the scheme and give prescribed information to the tenant and any person who paid the Deposit on

behalf of the tenant.

This Order,which applies to England and Wales, prescribes the information that the landlord is required to give. The

information relates to the authorised tenancy Deposit scheme applying to the Deposit, to compliance by the landlord of any

initial requirements imposed on him by the scheme and to the operation of the provisions contained in sections 212 to 215

and Schedule 10 of the Ac



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