Tenancy deposit protection prescribed information

List of prescribed information that must be served on the tenant to comply with the requirements of the tenancy deposit protection legislation.

This content applies to England

Required information

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

The prescribed information is set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007.[2]

All of this information must be provided to the tenant and any relevant person:

  • name, address and contact details (such as 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 their initial agent explaining the operation of the provisions of the tenancy deposit protection legislation in sections 212-215, and Schedule 10, of the Housing Act 2004

  • 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

  • facilities available for out-of-court dispute resolution

  • information about the deposit 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 (such as telephone number and any e-mail address or fax number) or of their initial agent

    • tenant's name/joint tenants' names, address and contact details

    • any relevant person's name, address and contact details

    • situations in which all or part of the deposit may be retained under the tenancy agreement

    • certificate signed by the landlord or their initial agent confirming that the information provided to the tenant and relevant persons is accurate to the best of their 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. Sending a copy of this deposit protection certificate to the tenant and relevant person is not sufficient for the landlord 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 and 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.

Prescribed information to 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 approved scheme provide some guidance to landlords and agent, but there is not binding court decision on the point.

Prescribed information - time limits

Normally, the landlord or their agent must send the prescribed information to the tenant and relevant person within 30 days of receiving the deposit. For information on when different time limits apply, see Time limits for compliance.

Last updated: 17 March 2021

Footnotes

  • [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).