2007 No. 797
The Housing (Tenancy Deposits) (Prescribed Information) Order 2007
Made
Laid before Parliament
Coming into force
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 20041, make the following Order:
Citation and commencement1
This Order may be cited as the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 and shall come into force on 6th April 2007.
Prescribed information relating to tenancy deposits2
1
The following is prescribed information for the purposes of section 213(5) of the Housing Act 2004 (“the Act”)—
a
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 Act4;
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 tenancy5 (“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.
Signed by authority of the Secretary of State
for Communities and Local Government
Signed on behalf of the National Assembly for Wales
(This note is not part of the Order)