What Information Must Landlords Give To Tenants?

There are strict rules which govern the relationship between landlords and tenants. If a landlord does not fulfill their obligations, there can be consequences for both parties. Needless to say, many of these rules relate to money, and how a landlord is obliged to deal with a tenant's deposit. But do these rules say?

What are the Rules About Tenant's Deposits?

At the start of a residential tenancy, it is very common for a landlord to take a deposit from a tenant. The purpose of the deposit is to cover the cost of any damage to the property or any unpaid rent at the end of the tenancy. 

The deposit therefore belongs to the tenant throughout the term of the tenancy, and so the landlord is obliged by the law to deal with the deposit in a certain way, to ensure that it can be repaid to a tenant, once the tenancy ends, if there have been no issues. 

If a landlord takes a deposit from the tenant, it must be deposited in a recognised tenant deposit scheme. There are several schemes which hold tenant deposits, and the tenant should be told which scheme their deposit is held in. 

At the end of the tenancy, assuming there have been no issues and no deductions need to be made from the deposit, the deposit money must be returned to the tenant promptly.

What is the Prescribed Information Landlords Must Give Tenants?

The enactment of the Deregulation Act 2015 sets out the "prescribed information" the landlord should provide to the tenant at the start of a tenancy, as follows, and the deadlines they must meet in certain circumstances:

• Within 30 days of the commencement of the tenancy, the landlord has to give the tenant information about the deposit scheme in which their deposit money is held. A failure so to do may lead to a fine and would be a breach of the Housing Act 2014;
• The landlord must also give the tenant copies of gas certificates, energy performance certificates, as required by regulation, which relate to the property they are renting; and
• The tenant must also be given a copy of the government's leaflet dealing with “how to rent”.

What if a Landlord Doesn't Comply with the Law?

If the landlord ever wants to give the tenant notice pursuant to Section 21 of the Housing Act 1988, which is known as a “no fault” eviction, their ability to do so may be affected if they haven't dealt with their tenant properly. 

If the landlord hasn't given the correct information about the deposit scheme, or provided the tenant with the prescribed information set out above, the landlord could face difficulties and delays if they want to evict the tenant for any reason.

Landlords can also be fined for failing to give the correct information to tenants. 

It is therefore very important for both landlords and tenants that the right information is given to a tenant by a landlord, at the start of a tenancy arrangement. 

Are you dealing with a Landlord or Tenant Dispute?

At Samuels Solicitors LLP, we regularly act on behalf of both landlords and tenants when disputes happen. This includes disputes which can arise for many different reasons, including when deposits are not dealt with properly and in circumstances when Section 21 Notices have been served and the relevant prescribed information has not been provided by a landlord to a tenant. We are therefore able to provide advice to both sides in this type of dispute.  

If you are in a dispute abut a rental property, or if you are a landlord or a tenant who is affected by the rent deposit scheme, or if you think the correct information has not been given to a tenant at the start of a tenancy agreement, contact us for specialist advice about what can be done.