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 exact contents are set by article 2 of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007. There are two parts.

Part one: about the scheme. The scheme's name and contact details, the information in the scheme's leaflet, and the scheme's procedures for repaying the deposit, for when either side cannot be contacted, and for resolving disputes. You don't write this yourself. It comes from the scheme's leaflet and the protection certificate.

Part two: about this tenancy. Article 2(1)(g) lists seven items. This is the part landlords get wrong.

1. The amount of the deposit.
2. The address of the property.
3. The landlord's name, address, telephone number and any email address. A real address, not the rented property and not "c/o" with no detail.
4. The tenant's name, address, telephone number and any email address, including the contact details to use at the end of the tenancy. In practice, ask for a forwarding address or an email that will still work after they move out.
5. The same details for any relevant person. That is anyone who paid some or all of the deposit for the tenant, such as a parent or guarantor.
6. The circumstances in which all or part of the deposit may be kept, by reference to the terms of the tenancy. In other words, point to the actual clause in the tenancy agreement that allows deductions, and make sure the clause number is right.
7. A certificate signed by the landlord confirming that the information is accurate to the best of their knowledge and belief, and that the tenant has been given the chance to sign the document to confirm it.

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, or generate one here. 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.

Serving before the deposit is paid. It is tempting to hand everything over at signing. But in Siddeeq v Alaian (Mayor's and City of London County Court, HHJ Hellman, 9 August 2024) the judge held that prescribed information given before the tenant paid the deposit did not count. It is a county court decision, so other judges are not bound by it, and the Court of Appeal in Hamer v Levy (below) took a more forgiving line on a related point. The safe course is simple: serve after the money arrives, and record the date it arrived.

Wrong clause numbers. Item 6 asks you to explain when the deposit can be kept by reference to the tenancy terms. If you cite "clause 9" and the deductions clause is actually clause 11, or you cite a clause in an agreement the tenant was never given, you have handed the tenant an argument. This exact point is before the Supreme Court (see below).

No landlord address. Giving only a phone number, or putting the rented property as your address, does not meet item 3.

The landlord not signing the certificate. Signing a covering email or letter is not the same as signing the certificate itself. Courts have so far been forgiving about this, but it is also before the Supreme Court. Sign the certificate.

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 change what the prescribed information must contain. The 30-day deadline, the penalty under Section 214, and the relevant persons requirement all stay the same.

What it does change is what happens when you want the property back. Section 215 of the Housing Act 2004 used to stop you serving a Section 21 notice if the deposit rules had not been followed. Section 26 of the RRA rewrote it. Now a court can only make a possession order on an assured tenancy if the deposit is protected in an authorised scheme and you have complied with the initial requirements, including giving the prescribed information. That applies to Section 8 claims on every ground except Ground 7A (serious anti-social behaviour) and Ground 14. You can still cure the problem by returning the deposit in full (or with agreed deductions), or once a tenant's Section 214 claim has been decided, withdrawn or settled. You can read the amended section 215 on legislation.gov.uk.

So a mistake in the prescribed information is no longer just a penalty risk. It can stop a rent arrears claim in its tracks. The wider enforcement picture is also tightening, with a PRS Database and, later, a Private Rented Sector Ombudsman on the way.

Court cases to know about

Hamer v Levy [2026] EWCA Civ 662. The Court of Appeal looked at prescribed information with several errors: the landlord's address given as the rented property, a deposit date one day out, and an unsigned certificate. It asked how a reasonable tenant reading the documents in context would understand them, and held that the information had been given in a form "substantially to the same effect". The possession order stood. An application to appeal to the Supreme Court has been lodged.

Lowe v Governors of Sutton's Hospital in Charterhouse. The Court of Appeal ([2025] EWCA Civ 857) held that a landlord who signed a covering letter, but not the certificate, and whose prescribed information pointed to a clause in a tenancy agreement that was not attached, had done enough. The Supreme Court hears the appeal on 3 November 2026. The two questions are exactly the two mistakes above: a wrong or unattached clause reference, and signing the covering letter instead of the certificate.

Until the Supreme Court rules, do not rely on the courts being forgiving. A correct, signed certificate with the right clause number costs you nothing.

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.

Scotland works differently

Scotland has its own rules under regulation 42 of the Tenancy Deposit Schemes (Scotland) Regulations 2011. You must give the tenant, within 30 working days of the start of the tenancy:

• the amount of the deposit and the date you received it
• the date you paid it to the scheme
• the address of the property
• a statement that you are registered as a landlord with the council, or have applied to be
• the name and contact details of the scheme
• the circumstances in which all or part of the deposit may be kept at the end of the tenancy

The schemes are different too: SafeDeposits Scotland, mydeposits Scotland and Letting Protection Service Scotland. The tribunal can order up to three times the deposit if you get it wrong.

Generate prescribed information with DocuTenant

DocuTenant's Deposit Prescribed Information template pulls your property details, tenancy data and deposit scheme information into one document, with relevant persons included. We are updating it now so that it also carries the landlord's address, the tenant's contact details for the end of the tenancy, the date the deposit was received, a reference to the deductions clause in your agreement, and a certificate for the landlord to sign. Build it and preview it free before you pay to download.

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.

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