Tenancy deposit prescribed information — Landlord obligations
Summary
England landlords taking a deposit for an Assured Shorthold Tenancy (AST) must protect it in a government-approved tenancy deposit protection scheme within 30 days of receiving it. They must also give the tenant the scheme’s “prescribed information” within 30 days. Failure to comply means you cannot serve a Section 21 notice and you may face a fine of 1–3× the deposit.
Checklist
- Register the deposit with an approved scheme (DPS, MyDeposits, or TDS) within 30 days of receiving it
- Obtain the deposit protection certificate from the scheme
- Serve the prescribed information on all tenants within 30 days of receiving the deposit
- Keep evidence of when and how you served the prescribed information
- Re-protect the deposit and re-serve prescribed information if any tenancy terms change
- At the end of the tenancy, agree deductions (if any) and return the deposit in accordance with the scheme’s rules
What to store in the vault
- Deposit protection certificate from the scheme
- Scheme’s prescribed information document
- Date the deposit was received
- Date of protection
- Scheme reference number
What to log as proof
- Date prescribed information was served to each tenant
- Method of service (email with read receipt, hand-delivered, post)
- Tenant acknowledgement or signature if obtained
- For replacement tenants: re-service records
What to include in a compliance pack
- Copy of the deposit protection certificate
- The prescribed information document as served to tenants
- Evidence of service
FAQ
Which schemes are approved? Three government-approved schemes: Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS).
What is the prescribed information? A specific set of information the tenant must receive, including the amount of the deposit, the scheme details, how to reclaim it, and dispute resolution information. Each scheme provides a template.
What is the deadline? Both protection and service of prescribed information must happen within 30 days of receiving the deposit.
What happens if I miss the 30-day deadline? You are in breach of the regulations. You cannot serve a Section 21 notice, and you are liable for a penalty of 1–3× the deposit amount.
Does this apply to deposit replacements and insurance products? Deposit replacement products (e.g. Zero Deposit) and deposit insurance are not traditional deposits and have different rules. If in doubt, check the specific product’s terms and relevant guidance.
Must I re-protect the deposit for a renewal? If the tenancy terms change (e.g. a new fixed term is granted with different terms), you should check whether the deposit needs to be re-protected and prescribed information re-served. Rolling periodic tenancies typically don’t require re-protection.