Prescribed Information for tenancy deposits: What it is, what to include, and why it matters

When you protect a tenant’s deposit, placing the money in a government backed scheme is only the first step. To meet your full legal responsibilities, you must also give your tenant specific paperwork known as ‘Prescribed Information’.

Prescribed Information is a mandatory document that tells a tenant which deposit protection scheme their landlord uses (either insured-backed or custodial), who the scheme provider is, and explains the terms and conditions of the protection. It’s important because the law requires absolute transparency. Not providing this information accurately and on time, you can face severe financial penalties. Under the Renters’ Rights Act, strong documentation is essential throughout the tenancy and mistakes with the Prescribed Information can impact your position at any time.

What is Prescribed Information

Prescribed Information is a legal document, containing certain information, that a landlord, or his agent, is required to give to their tenants, under the Housing Act 2004. It relates to any tenant (or someone acting on their behalf) who has paid the deposit and must be sent within 30 days of receiving the funds.

It acts as a formal receipt and a detailed record combined, providing the exact details of the scheme used, the property in question, and the specific circumstances landlords can use to make a claim from the deposit. Landlords often use a dedicated Prescribed Information certificate to make sure all mandatory details are included.

Why Prescribed Information exists

The Prescribed Information is there to create complete transparency for tenants. Before these rules came into play, tenants often had no idea where their deposit was held or what they needed to do to get it back. Now, landlords are required to provide tenants with these details, so they know exactly where their money is and the process for its return.

By legally requiring landlords to hand over this specific paperwork, tenants have legal clarity on deposit protection right from the start of the tenancy. It lets tenants know their rights, understand that a free dispute service is available through the deposit protection scheme, and know exactly what is expected of them to get their full deposit back.

This transparency is also highly beneficial for landlords. When both parties are clear on the rules from day one, it drastically reduces the chances of misunderstandings and drawn out disputes later on.

Who must provide the information and when?

While a landlord may use an agent to manage their property and protect the deposit, and they would be expected to serve the paperwork on your behalf, the legal responsibility to provide Prescribed Information is ultimately the landlord’s. If an agent forgets or makes a mistake, the courts will hold the landlord responsible for any penalties.

Timing matters, and the Prescribed Information must be sent to the tenant within 30 days of receiving the deposit. The countdown begins the day you or your agent receive the money. It does not start when the tenancy agreement is signed, or on the day the tenant moves in. 

Missing this 30 day window by even a single day counts as a legal breach, and the penalties can amount to between one to three times the deposit amount, which must be returned to the tenant, plus the deposit amount.

What must be included?

The law is very strict about what this document must contain. Leaving out a single detail can make the entire document invalid. You must include:

• the exact deposit amount: This figure must be accurate and comply with the financial caps outlined in the Tenant Fees Act FAQs
• the property address: The full address of the property the tenancy relates to
• landlord or agent details: The full name, address, email address, and phone number of the person managing the deposit
• tenant details: Contact details for all tenants named on the agreement
• Interested parties’ details: Contact details for anyone who paid the deposit on the tenant’s behalf (such as a parent or local council)
• scheme details: The name and contact information of the deposit protection provider
• the information for tenants leaflet: A copy of the scheme’s official explanatory leaflet for tenants
• deduction clauses: A clear list of reasons why you might keep some or all of the deposit. These reasons must match what was included in the tenancy agreement
• confirmation: A signed declaration from the landlord or agent confirming the details are true to the best of their knowledge

To learn more about whether Prescribed Information needs to be signed by landlords or tenants, and how to guarantee compliance, read our detailed guide ‘Does Prescribed Information need to be signed by tenants or landlords?’ For further details on how to apply these rules, depending on your chosen protection type, always refer to the specific scheme rules. 

Where do landlords and agents go wrong?

Compliance goes wrong when administrative steps are rushed or misunderstood. Even experienced landlords can fall into common traps.

Missing the deadline
The most frequent mistake is protecting the deposit quickly, but forgetting to send the Prescribed Information paperwork within the strict 30 day window.

Forgetting the ‘interested party’
If a local authority, university, or parent pays the deposit, they are legally classed as an ‘interested party’. You must give them their own copy of the Prescribed Information. Many landlords only serve the tenant, which leaves them non compliant.

Incomplete details
Leaving a signature box blank or not attaching the scheme’s ‘information for tenants’ leaflet means the Prescribed Information is incomplete and will be invalid.

To avoid common mistakes and make sure your paperwork is accurate, follow our practical guide ‘How to complete Prescribed Information correctly for tenancy deposits’.

Assuming the agent handled it
Many landlords assume their letting agent has taken care of the paperwork, and it is always worth checking that the agent has completed the process and kept a record of it. While agents who have mishandled the deposit protection process may be found negligent, the landlord has the ultimate responsibility.

What happens if it is not provided correctly?

It is easier to comply with these rules than face the penalties for getting this process wrong.

A landlord’s position is seriously weakened if issues arise during or after the tenancy due to the Prescribed Information not being provided correctly, when it should have been. 

Under the new Renters’ Rights Act, the impact of not providing the correct Prescribed Information may harm your ability to recover possession or address disputes efficiently, and could expose you to financial penalties.

Second, the tenant can take you to a county court. If a judge decides that the Prescribed Information was not provided within 30 days, the court may order you to pay compensation of between one and three times the deposit amount, in addition to returning the deposit itself or paying it into a tenancy deposit protection scheme’s bank account within 14 days.

Even if you follow all the dos and don’ts at the end of the tenancy, you can avoid putting your finances and property rights at significant risk by carrying out all the early administrative tasks correctly.

How to stay compliant

Compliance is straightforward if you have a consistent process for every new tenancy. Follow this checklist to protect yourself.

• Act immediately: Do not wait until the end of the 30 day window. Protect the funds and prepare the paperwork as soon as the money clears
• Use scheme templates: Download the Prescribed Information template directly from your deposit protection provider to make sure you have the most up to date document
• Check the agreement: Make sure the reasons for deductions on the Prescribed Information exactly match the clauses in your tenancy agreement
• Ask about any interested parties: Directly ask the tenant if anyone else contributed to the deposit, so you can serve them too
• Get proof of receipt: Ask the tenant to sign and date a copy of the paperwork to prove they received it. Keep this safe with your evidence checklist

Need help completing the paperwork? Follow our detailed guide ‘How to complete Prescribed Information correctly for tenancy deposits’.

Looking ahead: Why does this matter more under the Renters’ Rights Act?

The private rented sector is changing. Under the Renters’ Rights Act, the shift towards periodic tenancies as standard means that initial tenancy setup and documentation face far greater scrutiny.

With the Renters’ Rights Act now in effect, landlords must rely on clear, accurate documentation and compliance with the correct statutory processes when looking to repossess their properties or resolve tenancy issues. The focus is now on providing a thorough, well documented tenancy file, as local authorities have stronger enforcement powers and tenant rights and transparency are more robust than before.

Relying on outdated assumptions is risky. Getting your Prescribed Information right the first time, maintaining accurate records, and acting transparently will be the foundation of a secure, compliant tenancy.

Looking for a deposit protection scheme you can rely on?

Understanding the rules around tenancy deposits is only one part of staying compliant. Choosing the right deposit protection scheme can make managing deposits, handling paperwork, and meeting legal requirements much more straightforward.

With mydeposits, landlords and letting agents benefit from clear processes, award winning dispute resolution, and expert support designed around the realities of the private rented sector. As the trusted provider of choice for over 400,000 members, we offer flexible options to suit your needs, backed by over 25 years of industry experience.

If you are not currently using a protection scheme or are considering switching to a simpler platform, you can find out more and secure your deposits here.