Deposit Prescribed Information UK 2026 — What Landlords Must Serve, When, and the Consequences of Getting It Wrong

What prescribed information must be served — the full content requirement

The Tenancy Deposit Schemes (Prescribed Information) Order 2007 requires the landlord to provide the tenant with specific information about the deposit protection:

• The scheme leaflet: The landlord must provide the tenant with the relevant scheme leaflet produced by the authorised deposit protection scheme. Each scheme (DPS, MyDeposits, TDS) produces its own leaflet setting out the scheme rules, how to dispute a deposit deduction, and the ADR process. The correct leaflet for the scheme actually used must be given — not a generic leaflet or a printout from the wrong scheme
• The prescribed information form — required content: The prescribed information itself must set out: (a) the name, address, and contact details of the authorised scheme; (b) the name, address, and contact details of the landlord (or letting agent where applicable); (c) the name, address, and contact details of each tenant; (d) the address of the let property; (e) the amount of the deposit; (f) whether the deposit was paid by or on behalf of the tenant (the 'relevant person' question); (g) the date of receipt of the deposit; (h) the term of the tenancy; (i) the circumstances in which all or part of the deposit may be retained; (j) the procedures that apply at the end of the tenancy; (k) what to do if there is a dispute about the deposit
• The s.215A addendum — relevant persons: Where any part of the deposit was paid by a 'relevant person' (typically a parent or guarantor who contributed to the deposit), the prescribed information must also be served on that relevant person. The Deregulation Act 2015 (amending s.213 HA 2004) introduced the s.215A requirement to serve on relevant persons. A relevant person is defined as any person who — on behalf of a tenant — paid the whole or part of the deposit
• Scheme-specific prescribed information forms: Each deposit protection scheme issues its own prescribed information form complying with the SI 2007/797 requirements. Landlords should use the form provided by their chosen scheme (available from the DPS, MyDeposits, or TDS website), complete all required fields, and retain a signed copy or evidence of service. A homemade or amended version that omits required fields is defective
• The 30-day deadline: Both the deposit protection and the service of prescribed information must be completed within 30 days of the landlord receiving the deposit. The 30-day clock runs from the date the deposit is received — not the tenancy start date. If the deposit is received before the tenancy commences, the 30-day clock starts on the receipt date. Late protection or late service of prescribed information both trigger the s.214 penalty

Service requirements — who must receive prescribed information and how

Prescribed information must be correctly served on the right parties:

• Service on each tenant: Where there are multiple joint tenants, prescribed information must be served on each tenant. In Suurpere v Nice [2011] and subsequent cases, the Court of Appeal confirmed that service on one joint tenant does not constitute service on all. Each joint tenant must personally receive the prescribed information or evidence of service on all must be retained
• Service on relevant persons: Any person who contributed to the deposit on the tenant's behalf (the 'relevant person') must also receive a copy of the prescribed information (and the scheme leaflet). This most commonly arises where parents pay the deposit on behalf of a student tenant, or where a guarantor organisation (e.g. a university DSA or a charity) contributes to the deposit. The obligation applies even where the relevant person is not a party to the tenancy
• Method of service: There is no prescribed method of service in SI 2007/797 — service can be by post, in person, or by email (if the tenant has agreed to receive documents electronically). However, the landlord must retain evidence of service. The best practice is to serve personally at check-in (with tenant signature on the prescribed information form) or to send by first-class post and retain proof of posting (tracked post or certificate of posting). Email service should include a read receipt or the tenant's express consent to receive documents by email
• Letting agent service: Where a letting agent holds and protects the deposit on the landlord's behalf, the agent typically serves the prescribed information as part of their management process. However, the statutory obligation falls on the landlord — the landlord is liable for any defect in service even where a letting agent carried out the service. Landlords using agents should confirm in writing that the agent has served prescribed information on all tenants and relevant persons and should retain copies
• Retaining evidence of service: The landlord must be able to prove service in any s.214 or s.215 claim. A signed copy of the prescribed information form (tenant signature on the form), a certificate of posting, or a delivery-confirmed email are the best evidence. Tenants often deny receipt of prescribed information as part of a deposit penalty claim — signed acknowledgement at check-in is the most robust protection

Consequences of non-compliance — the s.214 penalty and s.215 bar

Non-compliance with the prescribed information requirements triggers significant financial and legal consequences:

• Section 214 county court claim — 1 to 3x deposit penalty: Under s.214 HA 2004, a tenant can apply to the county court for an order requiring the landlord to repay the deposit and to pay a penalty of between 1x and 3x the deposit amount. The county court has discretion over the quantum of the penalty — 1x for minor/inadvertent breaches and 3x for deliberate non-compliance are the outer limits. The court also considers the landlord's overall conduct, whether the breach was promptly remedied, and any history of non-compliance. A typical award for late protection/service is 1x-2x the deposit
• Section 215 bar on Section 21 notice — historic position: Before 1 May 2026, s.215 HA 2004 provided that a landlord could not serve a s.21 notice (no-fault eviction) where the deposit had not been properly protected and the prescribed information had not been properly served. Even late compliance did not necessarily cure the bar — depending on when the notice was served and the sequence of events, there could still be a s.215 issue. This was the most practically significant consequence for landlords using s.21 as a routine possession tool. With s.21 abolished from 1 May 2026, this is now historic for current lets
• Post-RRA 2025 position — s.214 penalty still active: The abolition of s.21 does not remove the s.214 deposit penalty. Tenants can still bring a s.214 claim at any time during the tenancy (or within 6 years of the breach — limitation period) for failure to protect or failure to serve prescribed information. The s.214 claim is entirely independent of any possession proceedings. Landlords who have not complied with prescribed information requirements for existing tenancies remain exposed to s.214 claims even after 1 May 2026
• Remediation — late service: Where prescribed information has not been served within 30 days, the landlord should serve it as soon as the defect is identified, even late. Late service does not eliminate the s.214 penalty exposure — it merely limits the period of non-compliance and demonstrates good faith. If a s.214 claim is brought, late service (evidenced before the court hearing) may reduce the penalty from 3x to 1x. Courts have awarded lower penalties where landlords promptly remedied on becoming aware of the breach

Re-service on statutory periodic tenancy — the SI 2012/3207 position

The rules on whether fresh prescribed information must be served when a fixed-term tenancy becomes periodic:

• The SI 2012/3207 amendment — no re-service on rollover: The Tenancy Deposit Schemes (Prescribed Information) (Amendment) Order 2012 (SI 2012/3207) amended the original 2007 Order to clarify that no fresh prescribed information needs to be served when a fixed-term assured shorthold tenancy rolls over into a statutory periodic tenancy — provided the original deposit was properly protected and prescribed information properly served before the rollover. The amendment also confirmed no re-service is needed when the tenancy is replaced by a new fixed-term agreement with the same tenant and deposit, subject to conditions
• New tenancy, new deposit — fresh service required: Where the parties grant a genuinely new tenancy (new agreement, same or different deposit, new tenancy start date), fresh prescribed information must be served within 30 days of receipt of any new deposit payment. The 2012 amendment does not extend to genuine new agreements — only to statutory rollovers and renewals that involve no new deposit payment
• Change of deposit scheme — re-service required: Where the landlord or agent transfers a deposit from one scheme to another during the tenancy (for example, switching from a custodial to an insured scheme), fresh prescribed information reflecting the new scheme must be served within 30 days of the re-protection. The tenant must know where their deposit is held at all times
• Post-RRA 2025 — all tenancies are periodic: From 1 May 2026, all new tenancies are statutory periodic from inception. There are no new fixed-term ASTs. Deposit protection and prescribed information must be served within 30 days of receipt of the deposit in the normal way. The SI 2012/3207 rollover exemption is now less relevant — there is no fixed term to roll over from

Frequently asked questions