SMF - Just Installed!

Forgot to serve prescribed information for DPS

Started by Linda, October 20, 2017, 11:04:32 PM

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Linda

I have served notice 21 and the deposit was protected at right time but I didn't realise that I needed provide the prescribed information to the tenant. Should I do it now? Will that affect the courts decision. Any advice will be appreciated.

theangrylandlord

Im afraid not serving the prescribed information means you are foul of the Housing Act s213(6).
Housing Act s215(2) states you cannot serve a s21 unless you comply with s216(a) i.e. until you serve the Prescribed Information.
So you should do that asap.

However under s214(3) and s214(4) you are now liable to (i) pay back the deposit and (ii) pay up to three times the deposit to the tenant if the tenant makes a claim.

Hippogriff

Yes, serve the Prescribed Information now. To rectify the situation. But doing so will not avoid any liability for action the Tenant might take. It is a one-time thing - you get to do it, or you don't - you forget, and you pay.

Linda