Tenancy deposit prescribed information — Landlord obligations

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. Reviewed March 2026.

What the rule is

The Housing Act 2004 (as amended by the Localism Act 2011) requires landlords to protect any deposit taken for an AST in one of three government-approved tenancy deposit protection (TDP) schemes: the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS). The same legislation requires landlords to serve the scheme’s prescribed information on tenants — a document explaining how the deposit is protected and what their rights are.

When it applies

• Any time a landlord takes a deposit for a residential Assured Shorthold Tenancy in England
• The 30-day deadline runs from the date you actually receive the deposit
• If tenancy terms change (e.g. a new fixed term is granted with changed terms), re-protection and re-service may be required
• For replacement tenants: re-serve prescribed information

What landlords must do

• 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
• At the end of the tenancy, agree deductions (if any) and return the deposit in accordance with the scheme’s rules

What evidence to keep

• Deposit protection certificate from the scheme
• The scheme’s prescribed information document (as served to tenants)
• Date the deposit was received and date it was protected
• Scheme reference number
• Proof of service of prescribed information for each tenant (email, signed receipt)

Common mistakes

• Missing the 30-day deadline — this is one of the most common compliance failures; the clock starts when you receive the deposit, not when the tenancy starts
• Protecting but not serving prescribed information — both are required; protecting alone is not enough
• Only serving one tenant in a joint tenancy — serve all named tenants
• Not re-protecting after a change of terms — granting a new fixed term or changing the deposit amount requires re-protection
• Using informal deposit arrangements — any payment taken as security must be protected under TDP rules if the tenancy is an AST

What changed on 1 May 2026

The Renters’ Rights Act limits deposit amounts. From 1 May 2026, the maximum deposit is capped at 5 weeks’ rent (or 6 weeks’ for properties where rent exceeds £50,000 per year). This was already in place under the Tenant Fees Act 2019, but the RRA may further align deposit rules with the new periodic tenancy regime. Always check the latest official guidance.

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 deposit amount, the scheme details, how to reclaim the deposit, and dispute resolution information. Each scheme provides a standard 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 ordered by the court.

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 re-protection is required. Rolling periodic tenancies typically don’t require re-protection, but seek advice if uncertain.