Proper Execution Of Providing Prescribed Information Is Essential

A recent case highlights how important it is for Landlords and Property Agents to properly execute the provision of “Prescribed Information”. The world of private lettings continues to require meticulous “box ticking” to ensure that Section 21 Notices can be validly served upon Tenants.

The recent case of Northwood Sollihull Limited -v- Fern and others (2020) only adds to the steps that a Landlord or Property Agent must take at the outset to ensure that they can seek possession if they need to.

Landlords and Agents are now much more comfortable that Prescribed Information must be provided to Tenants when a deposit is taken and protected in a Tenancy Deposit Scheme. Aside from the need to do so, and the requisite timescales, the recent case tested the need for Prescribed Information to be properly executed. The Court held that if the Landlord or Agent is a company, in order to comply with Section 2(1)(g)(vii) of the Housing (Tenancy Deposit) (Prescribed Information) Order 2007, Section 44(2) of the Companies Act 2006 must also be adhered to and the document would only be validly executed if signed by 2 authorised signatories or a Director, with their signature being witnessed.

Prescribed Information should be signed in accordance with the Companies Act to avoid allegations that service of a Section 21 Notice upon a Tenant is invalid, for reasons of not having signed it properly.

About the author

James Parden is a property litigation lawyer based at our Sheffield office.

For more advice on this topic or related matters:

0114 3496983 james.parden@brmlaw.co.uk