Two Obligations, Not One
Most tenants are aware that landlords must protect deposits in a government-approved scheme. But the Housing Act 2004 actually imposes two separate legal obligations — and landlords who miss the second one are just as liable as those who miss the first.
The second obligation is the requirement to serve Prescribed Information. This is a specific set of written details that must be given to every tenant within 30 days of the deposit being received — the same deadline that applies to deposit protection itself.
What Exactly Is Prescribed Information?
Prescribed Information is the written documentation your landlord was required to give you setting out:
- The name and contact details of the Tenancy Deposit Protection (TDP) scheme holding your deposit
- How to apply to have the deposit released at the end of the tenancy
- What to do if there is a dispute about deductions — including details of the scheme's free dispute resolution service
- The circumstances in which the landlord may keep all or part of the deposit
- The landlord's name, address, and contact details
- The address of the rental property and the amount of deposit paid
The Prescribed Information must also be signed, or the tenant must confirm they have received and understood it. Simply protecting the deposit in a scheme is not enough — the landlord must actively provide this documentation.
Important: Each of these two obligations is independent. Failing to serve Prescribed Information is a separate breach even where the deposit was protected on time and correctly. You can have a valid compensation claim on this ground alone.
Why Does This Matter for Your Claim?
If your landlord protected the deposit but never gave you the Prescribed Information — or gave it to you late, incompletely, or with errors — you have grounds for a court claim for compensation. The court can order the landlord to pay between one and three times the deposit amount as a penalty.
This is significant because many tenants assume that if their deposit was eventually protected, they have no claim. In practice, a landlord who protected the deposit but failed to serve Prescribed Information correctly has still breached the law and is still exposed to a financial penalty.
What Counts as a Failure to Serve Prescribed Information?
Courts have found landlords in breach in a number of situations, including:
- Prescribed Information never provided at all
- Prescribed Information provided after the 30-day deadline
- Information given that named the wrong scheme or contained errors
- Documentation incomplete — for example, missing the dispute resolution information
- Prescribed Information served for the initial tenancy but not re-served when the tenancy was renewed or became periodic
That last point is particularly important. Each new fixed-term tenancy and each statutory periodic tenancy renewal resets the obligation. Landlords who correctly protected the deposit at the start of a tenancy but did not re-serve Prescribed Information on renewal are still in breach for the later period.
How Do I Know If I Received Prescribed Information?
Think back to the start of your tenancy. Did your landlord or letting agent give you a document — usually several pages long — setting out the details of the scheme your deposit was held in? Did you sign anything acknowledging receipt of deposit protection information?
Many tenants cannot remember receiving anything of the sort, or received only a brief email confirming the deposit was received — which is not sufficient. If you are unsure, we can check the deposit protection register and advise on whether the Prescribed Information requirement appears to have been met.
We check deposit protection records and Prescribed Information compliance for tenants across Tower Hamlets, Hackney, Islington, Newham, and Haringey — at no charge, as part of your free initial assessment.
Can I Claim Even If My Deposit Was Returned?
Yes. The compensation claim for failing to protect a deposit or serve Prescribed Information is a penalty for the landlord's breach of the law — not simply a remedy for the loss of your deposit. If your landlord failed to comply with the Prescribed Information requirement, you have a valid claim regardless of whether your deposit was eventually returned to you.
The six-year limitation period means you can bring a claim for tenancies that ended several years ago. If you have recently moved out of a property in one of our five boroughs and you are not confident you received correct Prescribed Information, it is worth getting in touch to check.