Deposit enough or not enough info?

[kesm]

Hi all,

I have been looking re what information I provided my tenant re storing the deposit. 

I stored it on time and I sent a screenshot from the scheme that shows the below information:

URL of the scheme
deposit amount
deposit ID
my full name
date that I paid the deposit
My email address
 

I did not send any terms and conditions (was not aware of it, my bad). 

Can I be sued by the tenant? Can I send the T&Cs of the scheme now (it's been more than 30 days since the tenant was in the property)? How can I eliminate any risk of being sued?

Thanks all

[Richlist]

I thought it had to be provided within 14 days. Look up the rules of the scheme you are using.

If I'm right and you are in breach of the rules the only way to be 100% sure is to return the deposit.

[Grampa]

So many people are getting this wrong, agents and landlords. All the information must be present. A link to the scheme rules on their website for example is not enough. The appropriate rules or information must be physically given to the tenant(s) and relevant person(s). The landlord must sign the prescribed information or it can be signed by a landlord’s agent. All tenants and relevant persons must be given the opportunity to sign the information. 

You have to provide to the tenant or do:

1. Protect the deposit received within 30 days
2. Provide the tenant with the deposit certificate
3. Provide the leaflet supplied by the deposit scheme administrator  which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Act
4. Provide confirmation (in the form of a certificate signed by the landlord) that the Prescribed  information he provides  is accurate to the best of his knowledge and belief and he has given the tenant the opportunity to sign any document containing the information provided by the landlord  by way of confirmation that the information is accurate to the best of the tenant’s knowledge and belief. That information  must include the following:

• The name, address, telephone number, e-mail address and any fax number of the deposit scheme administrator
• 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
• 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
• The procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy
• 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
• The facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation
• The amount of the deposit paid
• The address of the property to which the tenancy relates
• The name, address, telephone number, and any e-mail address or fax number of the landlord
• The name, address, telephone number, and any e-mail address or fax number of the tenant
• 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
• The name, address, telephone number and any e-mail address or fax number of any relevant person
• The circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy
• 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 the tenant’s knowledge and belief

Also if the landlord is a company it must be signed by 2 directors or 1 and a witness. A eviction has just been struck out at the high court because it deemed the deposit wasn't protected correctly as only had one signature. The same applies when signing a S21.

Its fun being a landlord isnt it????????