Deposit Protection After the Fixed Term Ends: Periodic Tenancy Conversion

The Short Answer: You Do Not Re-Protect

If you properly protected the deposit and served the Prescribed Information during the original fixed-term Assured Shorthold Tenancy, you do not need to re-protect the deposit when the tenancy converts to a periodic tenancy. The protection carries forward automatically under the "deemed compliance" provisions established by the Deregulation Act 2015.

This remains true after 1 May 2026, when the Renters' Rights Act 2025 converted all remaining ASTs in England into Assured Periodic Tenancies. The transition did not reset deposit protection obligations for tenancies that were already compliant.

What "Deemed Compliance" Actually Means

Sections 30–32 of the Deregulation Act 2015 introduced the concept of deemed compliance for tenancy deposit protection. The effect is straightforward: if the landlord met their obligations during the fixed-term tenancy — protected the deposit in an authorised scheme and served the statutory Prescribed Information within 30 days — those obligations are treated as satisfied for the subsequent periodic tenancy.

This applies to:

• An AST that naturally expired and rolled into a statutory periodic tenancy (the old pattern)
• An AST that was converted into an Assured Periodic Tenancy by the Renters' Rights Act 2025 on 1 May 2026

In both cases, the deposit stays in the same scheme under the same protection, and the Prescribed Information already served remains valid. You do not need to serve it again.

When Deemed Compliance Does Not Apply

Deemed compliance protects you from re-serving paperwork for a tenancy that simply converts from fixed-term to periodic. It does not cover situations where something material has changed:

The deposit was never properly protected. If the original AST deposit was not registered with a scheme within 30 days, or the Prescribed Information was never served, deemed compliance cannot cure a breach that already exists. The existing non-compliance continues into the periodic tenancy and remains actionable under Section 214.

A renewal may need fresh action. The Deregulation Act's deemed-compliance provisions can cover qualifying renewals without changes. If a new tenancy does not qualify for deemed compliance, protect the deposit and serve the Prescribed Information within 30 days of receiving the deposit. Do not assume a new agreement automatically carries the old compliance forward.

The deposit amount changes. If you collect a top-up (for example, following a rent increase), the additional amount triggers a fresh 30-day obligation to register the top-up with the scheme and serve updated Prescribed Information reflecting the new total.

A tenant changes. If a joint tenant leaves and a new person joins the tenancy, you must update the scheme records and serve updated Prescribed Information on the incoming and remaining tenants within 30 days.

The Renters' Rights Act Information Sheet

While the deposit protection itself carries forward, the Renters' Rights Act 2025 introduced a separate requirement: landlords had to serve the official government RRA Information Sheet on all existing converted tenants by 31 May 2026.

This is not the same as the deposit Prescribed Information. The RRA Information Sheet is a standalone document explaining the tenant's new rights under the periodic tenancy regime — notice periods, rent increase rules, the abolition of Section 21. Failure to deliver it exposes the landlord to local authority civil fines, but it does not affect the deposit protection status.

If you served the information sheet by the deadline, no further action is needed on that front. If you missed it, it should be served as soon as possible — the obligation does not go away.

Checking Your Existing Protection

If you are unsure whether your current deposit protection is compliant following the AST-to-periodic conversion, verify three things:

1. Is the deposit still registered with a scheme? Log into the DPS, TDS, or mydeposits portal and confirm the deposit appears as active and the details are correct.
2. Do you have proof that the Prescribed Information was served during the original AST? A signed tenant acknowledgement or recorded delivery receipt. If you cannot find proof, consider serving fresh PI now — there is no penalty for over-serving, but there is a substantial penalty for under-serving.
3. Has anything changed since the original service? New tenants, deposit top-ups, landlord changes. If yes, updated PI must be served within 30 days of the change.

The fact that your tenancy has been running for years without complaint does not mean you are compliant. A tenant can bring a Section 214 claim in the County Court; get legal advice promptly about any limitation period that may apply.

For the full deposit protection lifecycle — from initial protection through periodic conversion, mid-tenancy changes, and end-of-tenancy returns — the Tenancy Deposit Protection guide covers every step with dated checklists and worksheets.

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