0151 665 0320Protecting a deposit in a scheme is only half the job. The other half – the part most landlords get wrong – is serving the prescribed information tenancy deposit rules require. Even landlords who protect the deposit on time often fail to provide complete, correct prescribed information within the deadline. And that failure can entitle a tenant to compensation of one to three times the deposit, just like a failure to protect.
If you have never heard the phrase “prescribed information,” you are not alone. This guide explains exactly what it is, what it must contain, and why getting it wrong is one of the most common – and most claimable – landlord mistakes.
What is prescribed information?
Prescribed information is a specific set of details a landlord must give a tenant in writing after taking a deposit. It exists so tenants know exactly where their money is, how it is protected, and how to get it back or challenge deductions. Under the Housing Act 2004, it must be served within 30 days of receiving the deposit – the same deadline that applies to protecting the deposit itself.
Serving prescribed information is not optional and not a formality. It is a legal obligation, and the courts treat it seriously. Failing to provide it, providing it late, or providing it incompletely are all breaches that can trigger a penalty.
What prescribed information must contain
To understand what prescribed information must contain, think of it as the full instruction manual for your deposit. It typically must include:
- The amount of the deposit and the address of the rented property.
- The name, address, and contact details of the deposit protection scheme being used.
- The name and contact details of the landlord (and any letting agent acting for them).
- The contact details of the tenant and any third party who paid the deposit.
- How the deposit is protected and how it will be returned at the end of the tenancy.
- What to do if there is a dispute over the deposit, including how the scheme’s dispute service works.
- The circumstances in which deductions may be made.
- A certificate or confirmation, often signed by the landlord, confirming the information is accurate.
Crucially, this information must be complete and accurate. A document missing required elements is not good enough. The principle that prescribed information must be complete was confirmed in the case of Ayannuga v Swindells, where incomplete prescribed information was treated as a failure to comply. So a landlord who hands over a scheme leaflet but leaves out, for example, the dispute procedure or the proper certificate has likely breached the rules.
The mistakes landlords make most often
In our experience, prescribed information goes wrong in a handful of predictable ways:
1. Serving it late
When prescribed information is served late – outside the 30-day window – it is a breach, even if the deposit itself was protected on time. Some landlords protect promptly but forget to send the paperwork, or send it weeks later. The deadline applies to the information just as much as to the protection.
2. Leaving parts out
Incomplete prescribed information is one of the most common failings. Missing the certificate, the dispute procedure, or third-party details can render the whole thing non-compliant.
3. Not serving it at all
Sometimes a landlord failed to provide prescribed information entirely. The tenant gets a deposit-protection certificate, perhaps, but never the full statutory document. That is a clear breach.
4. Failing to re-serve when the tenancy rolls over
When a fixed-term tenancy becomes a periodic (rolling) tenancy, the deposit can be treated as received again. The principles in Superstrike v Rodrigues and Charalambous v Ng mean fresh obligations to protect and to serve prescribed information can arise. Many landlords never repeat the process, leaving a breach sitting unnoticed for years.
Compensation for a prescribed information breach
The penalty for failing on prescribed information is the same as for failing to protect: a court can order the landlord to pay one to three times the deposit, on top of returning the deposit. So compensation for a prescribed information breach can be substantial – and, importantly, it is a separate obligation from protection. A landlord who protected the deposit perfectly but botched the prescribed information can still be liable.
The table below summarises how the two obligations sit alongside each other.
| Obligation | Deadline | Penalty if breached |
|---|---|---|
| Protect the deposit in an authorised scheme | 30 days from receipt | 1x-3x the deposit |
| Serve complete prescribed information | 30 days from receipt | 1x-3x the deposit |
Why this matters more than ever under the Renters’ Rights Act 2026
Getting prescribed information right has become even more important for landlords. Under the Renters’ Rights Act 2026, in force from 1 May 2026, Section 21 “no-fault” evictions were abolished. A landlord now generally cannot obtain possession under most Section 8 grounds unless the deposit was properly protected and the prescribed information was correctly served. In other words, a prescribed information failure does not just expose a landlord to a penalty – it can block them from regaining possession of their property. For tenants, this strengthens the protection the rules already provide. For more on the wider compliance picture, see our compliance guidance for landlords.
How to tell if your prescribed information was defective
Dig out the documents you received when your tenancy started. Ask yourself:
- Did you receive a formal prescribed information document, not just a scheme leaflet or certificate?
- Did it arrive within 30 days of paying your deposit?
- Did it include the scheme details, the dispute procedure, the landlord’s details, and a certificate?
- If your tenancy rolled into a periodic tenancy, did you receive fresh information?
If the answer to any of these is “no” or “I’m not sure,” it is worth getting your paperwork checked. Many tenants discover a breach they never knew existed. To understand the related rule on timing, see our explainer on a deposit protected late, and for what a claim could be worth, our guide to tenancy deposit compensation.
Frequently asked questions
What is the difference between protecting a deposit and prescribed information?
Protecting the deposit means placing the money in an authorised scheme. Prescribed information is the written statement telling you where and how it is protected and how disputes are handled. They are two separate obligations, each with its own 30-day deadline and its own penalty.
My landlord protected the deposit but never sent prescribed information. Do I have a claim?
Quite possibly. Failing to serve prescribed information is a breach in its own right, even where the deposit was protected correctly. You may be entitled to compensation of one to three times the deposit.
Does prescribed information have to be perfect?
It must be complete and accurate. As the case of Ayannuga v Swindells showed, leaving out required elements can mean the landlord has not complied, even if most of the information was provided.
Can I claim if the information was just a few days late?
Yes. The 30-day deadline is strict. Information served even slightly late can entitle you to a penalty, with the delay affecting the size of the award rather than your right to claim.
Not sure whether your prescribed information was correct? Get a free deposit check from Cook Legal Solicitors. Call 0151 665 0320 and we will review your paperwork with no obligation.
This article is general information, not legal advice. For advice on your own situation, contact Cook Legal Solicitors for a free deposit check.