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14/7/25 8:13 pm
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A court ruling has highlighted the importance of informing tenants when landlords move their deposit between schemes.
The case – Macintyre v [Landlords] – confirmed that they have a continuing duty to provide prescribed information whenever a deposit is moved between protection schemes.
Tenant Ameera Macintyre challenged her landlords in a recent appeal led by Duncan Lewis Solicitors after her £2,000 deposit was transferred from mydeposits to the TDS Custodial Scheme without clear notice.
While the original possession order against Ms Macintyre ultimately stood, Judge Glen accepted Duncan Lewis’ argument that tenants must always know where their deposit is held and how to recover it – not just at the start of a tenancy, explains solicitor Richard Mahal (pictured).
Judge Glen said failing to provide updated prescribed information could leave tenants “in precisely the vulnerable position the legislation was designed to prevent”.
The ruling also found that minor errors in a tenant’s contact details - in this case an outdated email address - may not invalidate compliance if the overall information provided is “substantially to the same effect” as required by law.
However, the tenant did not receive any damages or relief, and the landlord was not penalised, because the court found their overall compliance was “substantially to the same effect”.
Mahal says this case clarifies landlords’ obligations to keep tenants informed about where their tenancy deposits are held. “This ruling confirms that landlords cannot rely on historic compliance if they move deposits between schemes,” he adds. “Tenants deserve clarity at every stage, and the court has reinforced that principle.”
He says that the decision is a clear reminder to landlords and letting agents to ensure prescribed information is accurate and up to date whenever deposits are transferred, strengthening tenants’ rights under the Housing Act 2004.
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