You did not receive prescribed information for your deposit - what can you do?
Direct answer
For a tenancy deposit within the statutory scheme, the landlord must give the prescribed information within 30 days of receiving the deposit. That is separate from protecting the money. If the court is satisfied that the statutory conditions are met, section 214 provides a statutory sum of one to three times the deposit. Non-compliance can also affect possession proceedings, with different rules for legacy Section 21 and current assured-tenancy grounds.
What the law says
Section 213(5) of the Housing Act 2004 requires the landlord to give the tenant prescribed information within 30 days of receiving the deposit. The detail is set out in Article 2 of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007. It includes the scheme name and contact details, the deposit amount, the property address, the parties' contact details, how the deposit is returned, what happens in a dispute, and the circumstances in which deductions can be made.
Section 214 of the Housing Act 2004 provides the court claim where the relevant section 213 non-compliance is established. The statutory sum is one to three times the deposit, with the multiplier decided by the court. Section 215 also creates possession consequences: legacy Section 21 follows the former restrictions, while current assured-tenancy possession is subject to the amended gateway, exceptions, and cure rules. A certificate alone is not necessarily the complete prescribed information.
Step-by-step: what to do
1. Search your emails, tenancy pack, deposit certificate, scheme documents, and any agent portal for the prescribed information.
2. Check whether the document includes the scheme details, deposit amount, property address, party names and addresses, return procedure, dispute procedure, and deduction circumstances.
3. Check the dates. The information had to be given within 30 days of the landlord receiving the deposit.
4. Ask the landlord in writing for proof of service if they say it was sent.
5. If the information was late, missing, or materially incomplete, gather the tenancy agreement, bank payment, scheme record, and messages for a section 214 claim.
Common mistakes to avoid
Do not assume protection and prescribed information are the same thing. The landlord must do both where the statutory scheme applies. Do not treat a scheme certificate as necessarily complete unless the required information was supplied. Do not wait for possession proceedings before checking the paperwork.
- Check content and timing, not only whether the deposit was protected.
- Ask for proof of service.
- Keep the original tenancy pack.
- Check every replacement tenancy or change of the landlord.
Related guidance
- Deposit checker
Check protection, prescribed information, and Section 21 consequences. - Prescribed information not received
Detailed guide to the required information and claim route. - Deposit protection guide
The 30-day rule, schemes, and prescribed information. - Deposit problems and Section 21
How deposit breaches affect legacy Section 21 notices.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 2004
Primary statute for tenancy deposit protection schemes and prescribed information requirements. - GOV.UK: tenancy deposit protection
Government guidance on deposit protection schemes, deadlines, prescribed information, and dispute routes. - Shelter England: deposits
Housing charity guidance on deposit protection, late protection, and compensation.
Common questions
- You did not receive prescribed information for your deposit - what can you do?
- For a tenancy deposit within the statutory scheme, the landlord must give the prescribed information within 30 days of receiving the deposit. That is separate from protecting the money. If the court is satisfied that the statutory conditions are met, section 214 provides a statutory sum of one to three times the deposit. Non-compliance can also affect possession proceedings, with different rules for legacy Section 21 and current assured-tenancy grounds.
- Is prescribed information different from the deposit certificate?
- Yes. A certificate can form part of the prescribed information, but the full Article 2 information must be given within 30 days.
- Can I claim if the deposit was protected on time?
- Protection and prescribed information are separate requirements. Missing, late, or materially incomplete prescribed information may support a section 214 application if the statutory conditions and evidence are established.
- Does late prescribed information fix the problem?
- Late service may affect the separate current possession-order gateway, but it does not retrospectively make timely compliance with section 213. A section 214 application and possession consequences use distinct tests.
- What if I cannot remember receiving it?
- Ask the landlord for proof of service and check your records. In court, the landlord must show compliance if you dispute service.
Is this legal advice?
This is legal information for renters in England, not legal advice. If you need advice on your specific facts, contact Shelter (0808 800 4444), Citizens Advice, your council, or a housing solicitor.