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Saturday, November 10, 2012

Courts take tough line on deposit information (s.213 notice)

The Court of Appeal has taken a hard line this week against a landlord following a 'minor' error by them in omitting to provide the tenant the prescribed information under tenancy deposit law.  In the case Ayannuga v Swindell the upper court has ruled that prescribed information was of real importance in that it told them how they could recover their money and they could dispute deductions without taking legal action.  The court ruled that the landlord failure to comply with the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 meant that they had to pay back the tenants deposit in full along with three times the deposit.

Our View

This case has undoubtedly raises the legal importance of issuing the Prescribed Information.  Property Hawk has always been clear on the need to give your tenants a section 213 notice as part of taking a tenancy deposit.  To find out about a section 213 notice and how to obtain one follow the links.

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