The Housing (Tenancy Deposits) (Prescribed Information) Order 2007

Statutory Instruments

2007 No. 797

Housing, England & Wales

[F1 The Housing (Tenancy Deposits) (Prescribed Information) Order 2007

Made

13th March 2007

Laid before Parliament

15th March 2007

Coming into force

6th April 2007

The Secretary of State, as respects England, and the National Assembly for Wales, as respects Wales, in exercise of the powers conferred by sections 213(5) and (10) and 250(2)(b) of the Housing Act 2004(1), make the following Order:

Textual Amendments

F1 Order revoked (W.) (1.12.2022) by The Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022 (S.I. 2022/250), regs. 1, 4 (as amended by S.I. 2022/906, arts. 1(2), 11)

Citation and commencement E+W

1.   This Order may be cited as the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 and shall come into force on 6^th April 2007.

Textual Amendments

F1 Order revoked (W.) (1.12.2022) by The Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022 (S.I. 2022/250), regs. 1, 4 (as amended by S.I. 2022/906, arts. 1(2), 11)

Commencement Information

I1 Art. 1 in force at 6.4.2007, see art. 1

Prescribed information relating to tenancy deposits E+W

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(2) of the authorised tenancy deposit scheme(3) 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(4);

(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(5) (“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;

(e) 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;

(f) the facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation; and

(g) 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.

[F2 (3) In a case where the initial requirements of an authorised scheme have been complied with in relation to the deposit by a person (“the initial agent”) acting on the landlord's behalf in relation to the tenancy—

(a) references in paragraph (1)(b), (g)(iii) and (vii) to the landlord are to be read as references to either the landlord or the initial agent;

(b) references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy.

(4) In any other case, references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy.

(5) Section 212(9)(a) of the Act (references to landlord include persons acting on landlord's behalf) does not apply for the purposes of this article.]

Textual Amendments

F1 Order revoked (W.) (1.12.2022) by The Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022 (S.I. 2022/250), regs. 1, 4 (as amended by S.I. 2022/906, arts. 1(2), 11)

F2 Art. 2(3)-(5) inserted (26.3.2015) by Deregulation Act 2015 (c. 20), ss. 30(2), 115(1)(a) (with s. 30(4))

Commencement Information

I2 Art. 2 in force at 6.4.2007, see art. 1

[F3 Article 2(3) to (5): transitional provisions E+W

3— (1) Paragraphs (3) to (5) of article 2 are treated as having had effect since 6th April 2007, subject to the following provisions of this article.

(2) Paragraphs (3) to (5) of article 2 do not have effect in relation to—

(a) a claim under section 214 of the Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or

(b) proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.

(3) Paragraph (5) applies in respect of a tenancy if—

(a) proceedings under section 214 of the Act in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b) because of paragraphs (3) to (5) of article 2, the court decides—

(i) not to make an order under section 214(4) of that Act in respect of the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Paragraph (5) also applies in respect of a tenancy if—

(a) proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b) because of paragraphs (3) to (5) of article 2, the court decides—

(i) to make an order for possession under that section in respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to make such an order.

(5) Where this paragraph applies, the court must not order the tenant or any relevant person (as defined by section 213(10) of the Act) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of the Act or (as the case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “finally determined” for the purposes of this article if—

(a) they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—

(a) the time limit for making an appeal has expired without an appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.

(8) In this article “the commencement date” means the date on which the Deregulation Act 2015 is passed.]]

Textual Amendments

F1 Order revoked (W.) (1.12.2022) by The Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022 (S.I. 2022/250), regs. 1, 4 (as amended by S.I. 2022/906, arts. 1(2), 11)

F3 Art. 3 inserted (26.3.2015) by Deregulation Act 2015 (c. 20), ss. 30(3), 115(1)(a) (with s. 30(4))

Signed by authority of the Secretary of State

for Communities and Local Government

Kay Andrews

Parliamentary Under Secretary Of State

Department of Communities and Local Government

13th March 2007

Signed on behalf of the National Assembly for Wales

Dafydd Ellis-Thomas

The Presiding Officer of the National Assembly

6th February 2007

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 Act.

A full regulatory impact assessment of the effect that this Order will have on the costs of business is available from the Private Renting and Leasehold Division of the Department for Communities and Local Government, 2/J10 Eland House, Bressenden Place, London, SW1E 5DU (telephone [phone], e-mail tenancy.deposits@communities gsi.gov.uk).

(1)

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.

(2)

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

(3)

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

(4)

For amendments to Schedule 10 to the Act, see the Housing (Tenancy Deposit Schemes) Order 2007 (S.I. No. 2007/796).

(5)

By section 212(8) of the Act “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c. 50).