Deposit Prescribed Information: What Landlords Must Serve Within 30 Days

Every tenant deposit in England needs prescribed information served within 30 days. Miss that window, and a court can order you to pay compensation of up to three times the deposit amount.

This isn't new. It's been the law since the Housing Act 2004. But a surprising number of landlords still get it wrong — serving incomplete documents, missing the deadline, or overlooking the "relevant persons" requirement entirely.

This guide covers exactly what prescribed information must include, how to serve it correctly, and the common mistakes that cost landlords thousands.

What prescribed information actually is

Prescribed information is a set of documents you must give your tenant after protecting their deposit with a government-authorised scheme. It tells the tenant where their money is, how the scheme works, and what happens at the end of the tenancy.

Under Section 213(5) and (6) of the Housing Act 2004, you must comply with the "initial requirements" of your chosen deposit protection scheme within 30 days of receiving the deposit. The initial requirements include protecting the deposit and serving the prescribed information.

The prescribed information must include:

• The name, address, and contact details of the landlord
• The name, address, and contact details of the tenant
• Details of any relevant person — anyone who paid the deposit on behalf of the tenant (a parent, guarantor, or employer). This is one of the most commonly missed requirements
• The property address
• The deposit amount and the date it was received
• The name and contact details of the deposit protection scheme
• The scheme's prescribed information leaflet (supplied by the scheme — you don't write this)
• The scheme's deposit protection certificate (issued when you register the deposit)
• Information about the circumstances under which deductions may be made
• The procedure for the tenant to apply for the deposit's return

The "relevant persons" requirement under Section 213(5) catches many landlords out. If anyone other than the tenant contributed to the deposit — even partially — their details must be included and they must also be served a copy of the prescribed information.

The three deposit protection schemes

All three schemes provide prescribed information templates. You don't need to draft anything from scratch:

Deposit Protection Service (DPS) — custodial scheme (free). Download the template from their landlord portal. The DPS holds the deposit directly.

TDS (Tenancy Deposit Scheme) — offers both custodial and insured options. Template available in your member account. Can serve prescribed information to tenants through their online portal.

MyDeposits — insured scheme. Template in their online system. Tracks service dates automatically when you use their tenant notification feature.

All three are legally equivalent. The key difference is custodial (scheme holds the money) versus insured (you hold the money and pay an insurance premium). Pick one and be consistent.

Download the latest template each time — schemes update their prescribed information leaflets periodically. Using an outdated leaflet is technically non-compliant.

The 30-day deadline

The clock starts from the date you receive the deposit. Not the tenancy start date. Not the move-in date. The date the money hits your account or you receive the cheque.

You must protect the deposit and serve all prescribed information within this 30-day window. Both requirements must be met — protecting the deposit without serving prescribed information still leaves you exposed.

For England, the deposit must not exceed five weeks' rent (Tenant Fees Act 2019, Section 3). If the annual rent is £50,000 or more, the cap is six weeks. This hasn't changed under the Renters' Rights Act 2025.

Common mistakes that trigger penalties

Serving late. Even one day past 30 days counts. If you can't prove you served within the window, you've breached the requirement.

Incomplete service. You must serve the completed form, the scheme's prescribed information leaflet, and the protection certificate together. Emailing just the form without the leaflet doesn't count.

Missing relevant persons. If the tenant's parents paid the deposit and you didn't include their details or serve them a copy, you've breached Section 213(5).

Using outdated templates. Schemes update their leaflets. If you're using a 2023 leaflet for a 2026 tenancy, a diligent tenant or their solicitor will notice.

No proof of service. You served it — but can you prove it? Keep the email chain, the proof of postage, or the scheme's automatic service confirmation. A landlord's word alone isn't sufficient evidence in court.

How to serve prescribed information

Serve all three documents as a single pack, within the same 30 days:

1. Your completed prescribed information form
2. The scheme's prescribed information leaflet
3. The deposit protection certificate

The form without the leaflet does not count. The certificate without the form does not count. All three, together.

The Housing Act doesn't prescribe a specific method. Any of these work:

• Email — the most common method. Attach all three documents to one email and keep the sent email as evidence
• In person — hand them over and have the tenant sign a receipt confirming the date and the documents received
• Post — first class or recorded delivery. Keep the proof of postage and a copy of everything you sent
• Via the scheme's portal — TDS and MyDeposits can send directly to tenants and log the service date automatically. This is the cleanest audit trail

If there are relevant persons — anyone who contributed to the deposit — serve them the same three documents inside the same 30-day window.

Keep the evidence

Whichever method you use, the point is proving what you sent, when, and that it arrived. Keep:

• A copy of the completed prescribed information form
• The email chain, or the proof of postage
• The tenant's signed receipt, if you served in person
• The scheme's automatic service confirmation, if you served through the portal
• A note of the date you received the deposit and the date you served

Store it with the rest of the tenancy file. A claim can be brought up to six years after the breach, so this is a defence you may need long after the tenant has moved out.

What happens if you get it wrong

Under Section 214 of the Housing Act 2004, if you fail to comply with the initial requirements (including serving prescribed information) within 30 days, the tenant can apply to the county court. The court must order one of:

• Return of the deposit to the tenant, or
• Payment of the deposit into the scheme

And the court must order you to pay compensation of between one and three times the deposit amount. The minimum is one times — there is no discretion to award less.

A common misconception is that missing the deadline means you "can't make any deductions." That's not quite right. The penalty is the compensation order above. You may still be able to pursue legitimate deductions through the scheme's dispute resolution process, but your negotiating position is severely weakened, and the tenant has a strong counterclaim. If you're planning to handle deposit deductions properly, getting prescribed information right is the foundation.

Limitation period: Claims under Section 214 are subject to the standard six-year limitation period under the Limitation Act 1980. A tenant can bring a claim up to six years after the breach — which in practice means years after they've moved out.

What the Renters' Rights Act 2025 changes

The RRA 2025 (effective 1 May 2026) doesn't directly change the prescribed information requirements under the Housing Act 2004. The 30-day deadline, the penalty structure, and the relevant persons requirements all remain the same.

What changes is the broader enforcement landscape. The RRA introduces a Private Rented Sector Ombudsman and a PRS Database — both of which increase visibility into landlord compliance. Deposit protection compliance is one of the areas tenants are most likely to raise with the Ombudsman.

The abolition of Section 21 also matters here indirectly. Previously, Section 215 of the Housing Act 2004 prevented landlords from serving a Section 21 notice if they hadn't complied with deposit requirements. With Section 21 gone, that specific sanction disappears — but the financial penalties under Section 214 remain in full force.

If you're updating your tenancy agreements for the RRA, now is the time to audit your deposit compliance too. Our guide on what the Renters' Rights Act means for tenancy agreements covers the broader changes you need to address.

Audit your existing tenancies now

For every current tenancy, check:

1. Is the deposit protected? Log into your scheme and verify it's active
2. Was prescribed information served within 30 days? Check your records for the date received vs date served
3. Do you have proof of service? Email confirmation, signed receipt, or scheme portal log
4. Were relevant persons included? If anyone other than the tenant paid the deposit, were they named and served?
5. Is the prescribed information leaflet current? Check the version date on the leaflet you served

For any tenancy where you find a gap, consult a property solicitor about your exposure before the tenant discovers it themselves. Proactive compliance is always cheaper than reactive litigation.

Generate compliant prescribed information with DocuTenant

DocuTenant's Deposit Prescribed Information template pulls your property details, tenancy data, and deposit scheme information into a compliant document — correctly formatted, with all required fields including relevant persons. No hunting for the latest scheme template or worrying about whether you've included everything.

It's part of our complete set of documents every landlord needs when starting a new tenancy. Set up once, generate when you need it, and keep a clear audit trail.

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This article is for general guidance only and does not constitute legal advice. For specific legal situations, consult a qualified property solicitor.