Solicitors state that all landlord details
should be included in Prescribed Information
The information must be included, even when the rental property is fully managed by a managing agent, to avoid any possible legal problems with tenancy deposits.
Linda Howard, of Shoosmiths solicitors has warned that individual judges could make different interpretations on the wording of requirements after the news that a possession order was overturned because the legally required Prescribed Information gave the letting agent’s details instead of the landlords.
She said: “The Housing (Tenancy Deposits) (Prescribed Information) Order (2007) seems to make it clear, at 2, (g) (iii) that the name, address, telephone number and any email address or fax number of the landlord, not the agent, must be given.”
Ms Howard also pointed out that in another case in the county court, a duty solicitor raised exactly the point of an agent’s rather than the landlord’s details being given and the judge subsequently adjourned those proceedings because of seeming non-compliance with the Prescribed Information Order. However, the case went through on the second hearing because the landlord argued that Rules of Agency applied.
Ms Howard said: “The judge accepted this interpretation and argument on that occasion, but I suspect that, if this case had gone before Appeal Court judges, they could find that the agent’s name and address is not sufficient. Many agents cannot see why this is necessary when they are fully managing the property, but it would appear that, if the regulations do indeed state that the landlord’s details should be on any Prescribed Information, then that’s what must be done to avoid confusion or misinterpretation. Just to be on the safe side, letting agents should always include the full name, address, telephone number and any email address or fax contact details for the landlord together with contact details for the agent where applicable.”
Any Landlord who is in the unfortunate position of having to evict a defaulting tenant can use the professional services of leading eviction specialists, Legal 4 Landlords.
Their specialist eviction teams ensure that all prescribed information is correct and all the i’s are dotted and the t’s crossed prior to the case being heard by the courts.