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Monday, July 01, 2013

Prescribed info - comes back to bite

We have been warning landlords since the introductions of Prescribed Information that they forget this important step of setting up their tenancy at their peril.

Petition

Despite the increased importance of this step in creating a tenancy the Deposit Protection Service does not have a reminder within their website that a landlord needs to serve this information or a warning of the consequences it they don't.  This is something that solicitors Fidler & Pepper are campaigning for and have recently set up their own online petition to No.10 to get this changed.

Court Case

A recent court case reveals what happens if a landlord does not include their name and address on the prescribed information (section 213 notice) prior to presenting them to the tenant within the 30 day period.  In this case the order for possession was set aside by a court on the basis that the Prescribed Information did not contain the landlord's name and address instead containing the details of the landlord's agent. The agent is now seeking further clarification.

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