Be A Better Landlord ~ 3 ~ What Is Prescribed Information (PI)

How to Rent for Landlords: Know All Your Duties – Prescribed Information

Prescribed Information is information that a Landlord must give to such a Tenant,
and any person who has paid a deposit on the Tenant’s behalf, within 30 days (previously 14 days) of receiving the deposit, this information consists of:

• EPC – energy performance certificate provide to all prospective tenants at the viewing. Make sure that the EPC reflects the present property, if any improvements fitted recently or after the EPC was produced then commission a new one, e.g. a new boiler, boiler controls, low energy lighting, insulation to loft or walls and renewables such as solar panels. Provide to tenants at the  viewing stage as it intended for use as a comparison tool. Not sure how to interpret the information on the certificate contact the assessor, their contact details are noted on the certificate.
• Gas Safety Check – provide annually or at the start of the tenancy, note that it is the landlord’s responsibility to ensure that the previous tenant has not damaged pipes or appliances that belong to the landlord so good practise might be to carry out the check at the start of each new tenancy even when the previous gas safe check is within twelve months.
• Key details of Housing Act 2004 which includes:
  • the address of the rented property
  • how much deposit has been paid
  • how the deposit is protected
  • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • landlord’s (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit, in addition contact details for the Tenant after they have vacated.
  • why the landlord (or the letting agency) could keep some or all of the deposit
  • how the tenant can apply to get the deposit back
  • what the tenant can do if the landlord cannot be contacted at the end of the tenancy
  • what to do if there’s a dispute over the deposit
  • The prescribed information must be specific to the tenancy agreement
• How to Rent – the government’s guide for people who are about to rent a house or flat. Provide an online version as it is frequently updated: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf
• For the Deposit:
  • A leaflet as supplied by the scheme administrator to the Landlord
  • The tenancy deposit certificate

Under the Housing Act 2004 sections 212 to 215, ORDER 2007 No. 797, the landlord is legally required to protect the deposit with a Government approved scheme and send the Tenant certain information within 30 calendar days of receiving the deposit. Penalties apply where a landlord fails to comply.

• Failure to supply such information means any Notice to vacate is invalid. The Tenant may be eligible to claim compensation of three times the deposit and no deductions may be made from such deposit.
• The Deposit schemes do not provide the information as stated in their T&Cs clause 2D The “DPS cannot provide the Prescribed Information on behalf of Landlords”
• If you do not provide the Tenant the Prescribed Information you cannot issue a lawful notice to quit on the Tenant
• The Prescribed information must be specified to the Tenancy Agreement for it informs the Tenant under what circumstances monies will be deducted from the Deposit
• Failure to comply means the Tenants can claim three times the value of the deposit paid as compensation
• If a third party provided the Deposit such person must be provided a copy of the prescribed information

Further information about tenancy deposit protection can be found: https://www.gov.uk/private-renting

For further guidance on how to implement a procedure to take care of all of the landlord’s duties please contact us and one of our assessor will be happy to discuss our check-in service.