Ameera Macintyre v Cowdray Trust Limited and Rathbones Trust Company Limited

Ameera Macintyre v Cowdray Trust Limited and Rathbones Trust Company Limited

Section 213(5) of the Housing Act 2004 imposes a continuing obligation to provide prescribed information when the deposit scheme changes, and the information provided must be substantially to the same effect as prescribed, considering the purpose of enabling contact with the tenant at the end of the tenancy.

Parties
Appellant: Ms Ameera Macintyre; Respondent: Cowdray Trust Limited; Respondent: Rathbones Trust Company Limited
Jurisdiction
England and Wales
Judgment Date
22 August 2025
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeals of both parties allowed; District Judge's order remains undisturbed.
Legal Topics
Tenancy Deposit Protection, Statutory Interpretation, Prescribed Information, Section 21 Notice, Assured Shorthold Tenancy
Landlord and Tenant Housing Law Tenancy Deposit Protection Statutory Interpretation Prescribed Information Section 21 Notice Assured Shorthold Tenancy

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Parties

Ms Ameera Macintyre

Appellant

Cowdray Trust Limited

Respondent

Rathbones Trust Company Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether Section 213(5) of the Housing Act 2004 imposes a continuing obligation to provide prescribed information when a deposit is transferred between schemes
  2. 2 Whether the prescribed information provided was valid, specifically regarding the tenant's email address
  3. 3 Whether the District Judge applied the correct test for 'substantially to the same effect' under Section 213(6)(a)

Ratio Decidendi

Section 213(5) of the Housing Act 2004 imposes a continuing obligation to provide prescribed information when the deposit scheme changes, and the information provided must be substantially to the same effect as prescribed, considering the purpose of enabling contact with the tenant at the end of the tenancy.

Court Disposition

Appeals of both parties allowed; District Judge's order remains undisturbed.

Orders

  • Appeal allowed on the issue of continuing obligation under Section 213(5).
  • Cross appeal allowed on the issue of substantial compliance with prescribed information.