What prescribed information must be served — content requirements
- The scheme leaflet: the specific leaflet issued by the scheme used (DPS, MyDeposits, or TDS) — not a generic or competitor scheme leaflet
- The prescribed information form — required content: scheme name and contact details; landlord name and address; tenant name(s) and address; property address; deposit amount; date of receipt; tenancy term; circumstances in which deductions may be made; end-of-tenancy procedures; dispute resolution process
- Service on relevant persons: any person who contributed to the deposit on the tenant's behalf must also receive the prescribed information and scheme leaflet — commonly parents paying a student's deposit or a guarantor organisation
- 30-day deadline: both protection and service of prescribed information must be completed within 30 days of receiving the deposit — the clock runs from the date of receipt, not the tenancy start date
Service on each joint tenant individually
Where there are multiple joint tenants, prescribed information must be served on each individually. Service on one joint tenant does not constitute service on all others — confirmed in Suurpere v Nice [2011].
Service requirements — method and evidence
- No prescribed method: service can be in person, by post, or by email (with tenant's agreement to electronic service)
- Best practice: serve at check-in with tenant signature on the prescribed information form — retain the signed copy
- Letting agent service: agent typically serves on landlord's behalf, but statutory obligation remains with the landlord — confirm and retain copies
- Evidence of service is critical: tenants often deny receipt — signed acknowledgement at check-in is the most robust protection
Consequences of non-compliance
- Section 214 penalty: 1x-3x deposit amount in county court — plus order to repay deposit. Court has discretion on quantum
- Historic s.215 bar: before 1 May 2026, failure to serve prescribed information prevented service of a s.21 notice. With s.21 abolished from 1 May 2026, this is now historic for current lets
- s.214 claim still active post-RRA 2025: tenants can bring a s.214 claim at any time during the tenancy or within the limitation period for any prior failure to protect or serve prescribed information
- Late remediation: serving prescribed information late (after the 30-day deadline) does not eliminate s.214 exposure but may reduce penalty from 3x to 1x if done promptly on discovering the breach
Re-service rules — SI 2012/3207
- No re-service on statutory rollover: where fixed-term AST becomes periodic and original service was valid — no fresh prescribed information required
- No re-service on same-deposit renewal: where tenancy is renewed with the same deposit and same parties without a new payment — SI 2012/3207 exemption applies
- Re-service required: new tenancy with new deposit payment; or deposit transferred to a different scheme
- Post-RRA 2025: all new tenancies periodic from outset — protect deposit and serve prescribed information within 30 days of receipt in the normal way