This page is targeted at housing professionals. Our main site is at www.shelter.org.uk

Prescribed information

This content applies to England

Full list of prescribed information that must be served on the tenant and any relevant person in order to comply with the requirements of the tenancy deposit protection legislation.

The landlord (or her/his agent) must provide the tenant and any other 'relevant person' with the prescribed information about the authorised scheme with which the tenancy deposit has been protected.[1]

Required information

The prescribed information is set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007.[2] All of the following is to be provided to the tenant and any relevant person:

  • the name, address and contact details (ie telephone number, e-mail address and any fax number) of the scheme administrator of the authorised tenancy deposit scheme where the deposit is protected

  • information leaflet supplied by the scheme administrator to the landlord or her/his initial agent explaining the operation of the provisions of the tenancy deposit protection legislation (ie sections 212-215, and Schedule 10, Housing Act 2004 as amended)

  • the procedures that apply under the scheme about:

    • the repayment of the deposit at the end of the tenancy
    • what to do if either the landlord/agent or the tenant is not contactable at the end of the tenancy
    • how disputes about the amount of deposit to be returned will be resolved
  • the facilities available for out-of-court dispute resolution

  • all the following information about the deposit paid and the related tenancy:

    • amount of the deposit paid
    • address of the property to which the tenancy relates
    • landlord's name, address and contact details (ie telephone number and any e-mail address or fax number) or of her/his initial agent
    • tenant's name/joint tenants' names, address and contact details (ie telephone number and any e-mail address or fax number)
    • any relevant person's name, address and contact details (ie telephone number and any e-mail address or fax number, where applicable
    • situations in which all or part of the deposit may be retained under the terms of the tenancy agreement
    • a certificate signed by the landlord or her/his initial agent confirming that the information provided to the tenant/relevant person is accurate to the best of the landlord/agent's knowledge, and that the tenant has been given the opportunity to sign it to confirm that the information is accurate to the best of the tenant's knowledge. This certificate is not necessarily a copy of any deposit protection certificate issued by the scheme.

Deposit protection certificate

Each authorised scheme will provide the landlord with a certificate to confirm that the deposit has been successfully protected. Service on the tenant of a copy of this deposit protection certificate alone is not sufficient for the landlord/agent to comply with the statutory notification requirements.[3]

The law does not require service of a copy of the scheme's deposit protection certificate on the tenant/relevant person, but this may be required under the rules of the chosen tenancy deposit scheme. For more information about schemes' rules see The approved schemes.

Joint tenants

In the case of joint tenancies, it is unclear if providing the prescribed information to only one of the joint tenants (for example, the lead tenant) is sufficient to comply with the requirements of the tenancy deposit legislation - the internal rules of each scheme' administrators provide some guidance to their members, but there has not been any binding court decision on the point yet.

Time limits

Normally, the requirement is for the information to be served within 30 days of receiving the deposit. For information on when different time limits apply, see Time limits for compliance.

Wales

The legislative references and the footnotes on this page reflect the law in England. In Wales, very similar rules made under Welsh legislation apply, but the references may be different. Visit Shelter Cymru for more details about the law in Wales.

[1] ss.213(5) and 213(6) Housing Act 2004, as amended by s.184 Localism Act 2011.

[2] art.2 Housing (Tenancy Deposits) (Prescribed Information) Order 2007 SI 2007/797, as amended by s.30 Deregulation Act 2015.

[3] Ayannuga v Swindells [2012] EWCA Civ 1789; Suurpere v Nice [2011] EWHC 2003 (QB).

Back to top