A landlord who has received a tenancy deposit in connection with a shorthold tenancy, must give the tenant and any relevant person information in a prescribed form relating to the authorised deposit scheme and the protection of the deposit within 30 days of receiving the deposit. This is commonly referred to as the ‘prescribed information’. [Housing Act 2004, Section 213 (5)]

Sanctions for not providing the prescribed information relating to tenancy deposits

No section 21 notice may be given in relation to the tenancy until information in a prescribed form relating to the authorised deposit scheme and protection of the deposit is given to the tenant and any relevant person. [Housing Act 2004, Section 215 (2)]

Proceedings relating to tenancy deposits

The tenant or any relevant person may make an application to the county court if the landlord has not given the prescribed information in accordance with the law. Where an such an application is made during the tenancy the court must, as it thinks fit, either—

(a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or
(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,within the period of 14 days beginning with the date of the making of the order.

Where such an application is made after the tenancy has ended the court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.

Regardless of whether the tenancy has ended or not if such an application is made to the court court must order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order. [Housing Act 2004, Section 214]

Further Reading

My landlord has not protected my deposit what does this mean? (Jungle Property Knowledgebase article)

Housing Act 2004, Section 213

Housing Act 2004, Section 214

Housing Act 2004, Section 215

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