Deposit Protection Rules and Prescribed Information for Landlords in England

Deposit protection is not new — it has been mandatory in England since 2007. But landlords still get it wrong, and under the Renters' Rights Act the consequences of getting it wrong are sharper than ever. With Section 21 abolished, deposit errors still carry a court remedy of one to three times the deposit. The Act's separate Rent Repayment Order regime allows up to 24 months' rent for qualifying offences.

The Core Obligation

When you take a tenancy deposit for an assured tenancy in England, you must do two things within 30 calendar days of receiving the money:

1. Protect the deposit in one of the three government-authorised schemes: the Deposit Protection Service (DPS), MyDeposits or the Tenancy Deposit Scheme (TDS). You choose custodial (the scheme holds the money) or insured (you hold it, the scheme insures it).

2. Serve the prescribed information on the tenant and any "relevant person" who paid the deposit on the tenant's behalf. This is a specific set of details that the deposit scheme provides in template form.

Both steps must be completed within 30 calendar days of receiving the deposit. The clock starts when the money reaches you or your agent — not when the tenancy starts, not when you get around to registering it.

What the Prescribed Information Must Include

The prescribed information is not just a receipt. It is a formal document containing:

• The name, contact details and address for service of the landlord
• The name and contact details of the tenant
• The name and contact details of any relevant person who paid the deposit on the tenant's behalf
• The amount of the deposit and the property address
• The name and contact details of the deposit protection scheme
• Information about the scheme's dispute resolution process
• The circumstances under which deductions may be made
• A statement confirming the tenant has been given the opportunity to sign to confirm the information is accurate to the best of their knowledge and belief

Each scheme provides its own template. Using the scheme's standard form is the simplest way to ensure you have covered every prescribed item. Freelancing your own version is where errors creep in.

What Happens If You Miss the Deadline

The penalty for failing to protect a deposit or serve the prescribed information within 30 days is severe. A tenant can apply to the county court, and the court must order you to either return the deposit in full or protect it in a scheme, plus pay the tenant compensation of between one and three times the deposit amount.

That is the pre-Renters' Rights Act penalty and it still applies. What the Act adds is indirect but significant:

• Possession claims weakened: A tenant who has not received prescribed information within 30 days has a strong counter-claim in any possession proceedings. The court can offset the compensation against arrears, which can defeat a Ground 8 mandatory possession claim by bringing the balance below the three-month threshold.
• Rent Repayment Orders: The Act expands RRO awards to up to 24 months' rent for qualifying offences. Deposit-protection failures have a separate court remedy of one to three times the deposit; they are not identified here as a standalone RRO offence.

Practical Steps

For every new tenancy, build the deposit into your move-in workflow:

1. Receive the deposit → register it with your chosen scheme on the same day or within 48 hours
2. Download the scheme's prescribed information template → complete it → send it to the tenant with proof of delivery (email with read receipt, or signed-for post)
3. File the confirmation and proof of service — you will need them if a dispute reaches adjudication or if an RRO application is made years later

For existing tenancies that converted to assured periodic on 1 May 2026, check that the deposit is still protected and that the prescribed information on file matches the current scheme registration. Scheme registrations can lapse if you changed provider or forgot to renew an insured scheme.

The Renters' Rights Act for Landlords guide walks through the deposit cycle step by step — protection, prescribed information, end-of-tenancy deductions and dispute resolution — alongside the other documentation deadlines that apply from day one of a new letting.

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