Deposit Prescribed Information —
What Landlords Must Include and When

What Is Prescribed Information?

Prescribed information is a formal document — or set of documents — that a landlord must provide to a tenant within 30 days of receiving a tenancy deposit. It is a legal requirement under Section 213 of the Housing Act 2004, as amended by the Localism Act 2011.

The name "prescribed" refers to the fact that the content is set out in law — the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 specify exactly what must be included. It cannot be replaced with a summary or informal note.

Every government-approved deposit protection scheme provides its own prescribed information document. Landlords should download and use the template from whichever scheme they use — DPS, myDeposits, or TDS — and complete it accurately for each tenancy.

Protection and Prescribed Information Are Two Separate Obligations

This is the most common source of confusion. Protecting the deposit — transferring the money to a scheme or insuring it — and serving the prescribed information are two legally distinct obligations with the same 30-day deadline.

What Must Be Included in Prescribed Information

The Prescribed Information Order specifies the following must be included:

• The name and address of the tenancy deposit scheme used
• The contact details of the scheme's dispute resolution service
• A description of the purpose of the scheme and what happens to the deposit at the end of the tenancy
• The circumstances in which some or all of the deposit may not be returned
• What the tenant should do if they believe the landlord has not complied with the deposit rules
• What the tenant should do if there is a dispute about the deposit at the end of the tenancy
• A signed statement from the landlord confirming the information is accurate
• A signed statement from the tenant confirming they have received and understood the information

In practice, using the official template from your deposit scheme covers all of these requirements automatically. Do not attempt to write prescribed information from scratch.

The 30-Day Deadline

Both protecting the deposit and serving the prescribed information must be completed within 30 days of receiving the deposit. The clock starts on the date you receive the money — not the tenancy start date, not the date the agreement is signed, but the date the funds reach you.

If a tenancy is renewed, check whether the deposit needs to be re-protected and whether prescribed information needs to be re-served. As a general rule: if the deposit remains in the same scheme under the same terms, no action is required. If the scheme changes, new prescribed information must be served within 30 days.

How to Serve Prescribed Information Correctly

1. Download the template from your scheme — DPS, myDeposits, or TDS all provide a standard prescribed information document.
2. Complete all required fields — scheme name, scheme contact details, property address, deposit amount, landlord name and address, tenant names.
3. Have it signed by all named tenants — every person named on the tenancy agreement must receive a copy. For joint tenancies, serve it on each tenant individually.
4. Serve by hand, post, or email — hand delivery with a signed receipt is the strongest evidence. Email with a read receipt is acceptable. Keep copies of all signed documents.
5. Retain your evidence — the signed prescribed information, or email confirmation of receipt, is your proof of compliance. Store it for the full duration of the tenancy and for at least six years after it ends.

Most Common Prescribed Information Errors

Based on patterns from deposit scheme adjudications and possession proceedings, these are the errors that most frequently cause problems:

• Serving the wrong version of the template — schemes update their prescribed information documents periodically. Using an old version may mean required information is missing.
• Failing to serve on all named tenants — each tenant on the agreement must receive a copy. Serving only the lead tenant is non-compliance.
• Serving late after tenancy renewal — if a tenancy is renewed and you have moved to a new scheme or changed terms, fresh prescribed information is required.
• No proof of service — even if the prescribed information was served correctly, without documentary evidence you cannot prove it in court. An unwitnessed claim of service is worthless in proceedings.
• Incomplete prescribed information — missing fields, especially the dispute resolution contact details, can render the document technically non-compliant.
• Combining prescribed information with other paperwork — prescribed information should be clearly identifiable as a standalone document, not buried within a larger tenancy pack.

Penalties for Non-Compliance

A tenant can apply to the county court for a penalty if the landlord has failed to protect the deposit or serve the prescribed information. The court can award:

• The return of the full deposit, plus
• A penalty of between one and three times the deposit amount

The exact multiplier is at the court's discretion. Courts have awarded the maximum three times multiplier in cases of deliberate non-compliance or where the landlord has shown little regard for their obligations. In a dispute over a £1,500 deposit, the maximum penalty would be £4,500 — on top of returning the deposit itself, a total exposure of £6,000.

With Section 21 now abolished, the possession route for landlords who have failed on prescribed information is significantly more complicated. Under Section 8, deposit compliance is assessed as part of the possession proceedings. A landlord who is simultaneously facing a deposit penalty claim and seeking possession is in a very weak legal position.

Existing Tenancies — What to Check Now

If you have tenancies that started several years ago, it is worth checking your records. Common gaps in older tenancies include:

• Prescribed information was served but no signed copy was retained
• Prescribed information was served on the lead tenant but not all named tenants
• The deposit was re-protected when the tenancy became periodic, but fresh prescribed information was not served
• The scheme used has closed or changed, and the deposit was transferred to a new scheme without updated prescribed information being served

If you identify a gap, take legal advice. Acting to remedy a compliance failure proactively — before a dispute arises — is significantly better than discovering it during possession proceedings.

Frequently Asked Questions

Does prescribed information need to be re-served when a tenancy renews?

Not automatically. If the deposit remains in the same scheme, the same terms apply, and the same tenants are named, prescribed information does not need to be re-served on a statutory periodic tenancy arising from an AST. However, if any terms change, a new scheme is used, or there are changes to the named tenants, fresh prescribed information is required within 30 days.

Can prescribed information be served by email?

Yes, provided you retain evidence of delivery and, ideally, confirmation of receipt. An email read receipt or a reply from the tenant acknowledging receipt is good practice. However, email service is only clearly acceptable where the tenancy agreement or prior written agreement between landlord and tenant confirms email as a valid method of service.

What if the tenant refuses to sign the prescribed information?

Serve it in writing and retain evidence of the attempt. A recorded delivery letter or an email with read receipt serves as evidence that you complied with your obligation to serve — the tenant's refusal to sign does not make you non-compliant provided you can show the information was sent.