Tenancy Deposit Schemes

Landlord and Tenant

In the case of Ayannuga v Swindells [2012] The Court of Appeal ruled that a landlord must give a tenant all the prescribed information from a tenancy deposit scheme (TDS).

In this case the landlord had placed the deposit in a TDS.  When the tenant fell into areas with the rent the landlords sought possession.  The tenant argued that the landlord had failed to comply with the terms of the Housing (Tenancy Deposits) Prescribed Information Order 2007.

The landlord argued this information was available on the TDS website and was therefore freely available.

The court ruled that the tenancy agreement did not mention the relevant procedures under the TDS.  The legislation clearly states that the landlord must supply the tenant with the prescribed information.  It was not enough that the information is available to be found online.

Landlord and Tenant Solicitors Eastbourne, Hailsham, Polegate, East Sussex

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Jacqueline Penfold
Jacqueline Penfold
Tina Ripley
Tina Ripley