Prescribed Information for Tenancy Deposits in Scotland

Lodging a tenancy deposit with an approved scheme is only half the job. Under Regulation 42 of the Tenancy Deposit Schemes (Scotland) Regulations 2011, you must also serve a written pack of prescribed information on every named tenant — within the same 30 working days from the tenancy start date. Miss either obligation and the First-tier Tribunal can impose a penalty of up to three times the deposit.

Most landlords who end up at the tribunal didn't fail to lodge the deposit. They failed to serve the prescribed information, or they served it but couldn't prove it.

What Prescribed Information Must Include

Regulation 42 requires you to provide seven specific items in writing:

1. The deposit amount and date received. The exact sum you collected and the exact date the money changed hands. This must match your payment records — if you received £1,200 by bank transfer on 14 March, the prescribed information must say £1,200 and 14 March.

2. The date the deposit was lodged with the scheme. The date the approved scheme confirmed receipt and placement into their custodial account. This is the date on your Deposit Protection Certificate, not the date you initiated the transfer from your bank.

3. The property address. The full postal address of the let property to which the deposit relates.

4. Your landlord registration status. A written statement confirming you are registered as a landlord under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004, or that you have an active application pending. Include your registration number and the local authority that issued it.

5. The scheme administrator's details. The name, office address, website, email address, and telephone number of the approved scheme holding the deposit — SafeDeposits Scotland, MyDeposits Scotland, or LPS Scotland.

6. The circumstances under which you may retain deposit money. This is not a general statement. You must reference the specific clauses in the signed tenancy agreement that set out when deductions are permitted — for example, "Clause 8: Rent Arrears" and "Clause 12: Damage Beyond Fair Wear and Tear." Generic wording like "as permitted by law" does not satisfy Regulation 42.

7. The official scheme information leaflet. Each approved scheme publishes an information leaflet explaining how repayment and disputes work. You must attach the full leaflet, not a summary.

Why the Deposit Protection Certificate Is Not Enough

When you lodge a deposit, the scheme generates a Deposit Protection Certificate confirming receipt. Many landlords assume this certificate is the prescribed information. It isn't.

The certificate confirms lodging, but is not complete Regulation 42 information by itself. The prescribed information must also include your landlord registration status, the scheme details, the tenancy agreement's retention terms, and the official scheme leaflet.

You need to assemble a dedicated Regulation 42 compliance pack combining:

• The Deposit Protection Certificate from the scheme
• The official scheme information leaflet (downloaded from the scheme portal)
• A written Regulation 42 notice that fills in the gaps — your registration status, the specific lease clause references, and the deposit receipt details

How to Serve It

Valid service methods under the 2011 Regulations include:

• Hand delivery with a signed and dated tenant acknowledgment receipt
• Recorded delivery post (Royal Mail Signed For or equivalent tracked service)
• Email — but only where the tenancy agreement contains explicit written consent for electronic notices

If you have joint tenants, you must serve the prescribed information on every named tenant individually. Serving it on one "lead tenant" and assuming the others are covered is a common mistake that results in tribunal penalties.

Proving You Served It

The burden of proof sits with the landlord. If a tenant applies to the First-tier Tribunal claiming you didn't serve the prescribed information, "I'm sure I gave it to them" is not a defence.

Keep at least one of these:

• A signed tenant receipt with the date, listing the documents received
• A Royal Mail tracking confirmation showing delivery to the tenant's address
• An email with the Regulation 42 pack attached, sent to the tenant's email address recorded in the tenancy agreement, with a read receipt or delivery confirmation

Store this proof alongside your tenancy file for the entire duration of the tenancy and for at least three months after it ends — that is the time limit for a tenant to bring a tribunal application.

The 30-Working-Day Deadline

The deadline for serving prescribed information is the same as the deadline for lodging the deposit: 30 working days from the beginning of the tenancy. Working days exclude Saturdays, Sundays, and Scottish bank holidays.

If the tenancy starts on 1 June and you serve the prescribed information on 15 July, you need to count the actual working days between those dates — not calendar days. Scotland has its own bank holiday schedule, which differs from England and Wales.

What Happens If You Miss It

If you discover that you failed to serve the prescribed information within the deadline, serve it immediately. Late compliance does not eliminate your exposure to a tribunal penalty, but demonstrated self-correction is a primary mitigating factor when the tribunal calculates the award amount.

The tribunal has no discretion to issue a zero penalty once a breach is proven. The penalty range runs from a nominal amount up to three times the deposit. Demonstrated self-correction, a safeguarded deposit, and no financial harm are listed as mitigating factors when the tribunal sets the award.

For a step-by-step walkthrough of assembling the full Regulation 42 pack alongside every other deposit compliance deadline, the Tenancy Deposits in Scotland guide covers the entire process from deposit receipt through to end-of-tenancy return.

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