• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Defending accelerated proceedings where no prescribed information served

This post is more than 11 years old

May 27, 2014 by Tessa Shepperson

FlatsHere is a question to the blog clinic from Brenda who is a tenant. Note that the question was asked in early April 2014.

I’m a tenant on a periodic AST. Key dates are:

  • January 2007: Start of tenancy. No deposit regulations so no deposit protection needed.
  • January 2008: Tenancy renewed. Deposit protected. Prescribed information not served.
  • July 2008: Tenancy went periodic. Nothing done to deposit. Still no prescribed information.
  • 5th May 2012: New legislation means that landlords must comply with all tenancy deposit protection requirements by 5th May 2012. Nothing done to the deposit and still no prescribed information.
  • January 2014: Section 21 notice served with correct dates.
  • April 2014: Possession claim received from the county court.

My questions are:

  1. Is the Section 21 notice invalid due to no prescribed information given despite the tenancy being so old?
  2. Do I have any claim for failure to give the prescribed information or is that now all too long ago (renewal more than six years ago, periodic tenancy started less than six years ago).
  3. Does failure to comply with the 5th May 2012 deadline introduced by the new legalisation then give me a more recent cause of action?
  4. If I have any claim for failure to comply with the deposit regulations can I put it into a counter claim to my defence of the possession claim? If so can you point me to which form I’d need.

Background: The section 21 was served as the landlord wishes to sell, there are no rent arrears and all quarterly inspections have been passed fine. I really need a few more weeks to move than the landlord will allow.

Here are the answers to your question:

1. Yes.  A section 21 cannot be valid if the prescribed information has not been served.  It does not somehow become valid, just because the prescribed information should have been served a long time ago.

2. If you want to claim for the penalty you can.  It is not too late.

3. I don’t think so.  This was just a last opportunity given to the landlord to rectify matters.  But if I am wrong no doubt someone will correct me.

4. The defence form form served with the accelerated possession proceedings does not have any space for a counterclaim.  If you want to counterclaim therefore you will need to serve a separate form.  You could perhaps use form N90 and either cross out the bit relating to the defence, or put ‘see separate form N118’.  Or draft up your own form, making sure it has all the elements of the counterclaim part of N90.

Have any readers brought a claim for the deposit penalty as a counterclaim to accelerated proceedings?  If so what form did you use?

Previous Post
Next Post

Filed Under: Clinic Tagged With: Accelerated Possession Proceedings, prescribed information

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. David Smith says

    May 27, 2014 at 8:29 am

    I would agree with Tessa’s comments. Incidentally it has been suggested that the government will be making an amendment in early June to the Deregulation Bill in order to fix some of the outcomes of the Superstrike case. However, that would be unlikely to affect your ability to defend these proceedings.

    In general, you should consider what you actually want to achieve. Your landlord will be able to evict you eventually even if you defend these proceedings. Therefore you might wish to approach him and try to negotiate the most advantageous position for yourself instead of just defending the case which may cause his attitude to harden.

  2. HB Welcome says

    May 27, 2014 at 10:11 am

    Thanks for pointing that out David. Amendment here;

    http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0191/amend/pbc1911405a.pdf

  3. Jamie says

    May 29, 2014 at 2:11 pm

    So if I read the amendment correctly, it just means that if you have a tenancy starting before 6 April 2007, the obligations of the deposit protection legislation do not apply. No protection or PI is necessary either during the fixed term or when it goes periodic.

    For any tenancies that started after the deposit legislation came into force, we’ll still have to re-send prescribed information if and when it goes periodic.

    It would have been better to kill two birds with one stone.

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy