Deposit protection is one of the most common areas where landlords get caught out. It's not enough to put the money into a protection scheme — you also need to serve the prescribed information to the tenant within 30 days. Miss either step, and you risk penalties of 1 to 3 times the deposit amount and lose the ability to serve a Section 21 notice.

Here's what you need to get right.

The two-step requirement

Deposit protection in England has two separate legal requirements, and both must be completed:

Step 1: Protect the deposit

You must place the deposit in a government-approved tenancy deposit protection scheme within 30 days of receiving it.

The three approved schemes in England are:

Scheme	Type	Website
Deposit Protection Service (DPS)	Custodial (free)	depositprotection.com
MyDeposits	Insurance-based (fee per deposit)	mydeposits.co.uk
Tenancy Deposit Scheme (TDS)	Both custodial and insurance	tenancydepositscheme.com

Custodial schemes hold the deposit themselves. You pay the money to the scheme, and it's held in trust until the end of the tenancy. This is free.

Insurance-based schemes let you keep the deposit in your own account, but you pay a fee for insurance that guarantees the tenant will receive their deposit back if they're entitled to it.

Step 2: Serve the prescribed information

Within the same 30-day window, you must give the tenant specific information about the deposit protection. This is called the "prescribed information" and it's set out in The Housing (Tenancy Deposits) (Prescribed Information) Order 2007.

What is prescribed information?

The prescribed information must include:

The name, address, and contact details of the deposit scheme used
The landlord's name, address, and contact details (or the agent acting on behalf)
The tenant's name and the address of the rented property
The amount of the deposit
The property address to which the deposit relates
Information about the scheme's dispute resolution process — how to raise a dispute, the process, and timescales
The circumstances in which the landlord may keep some or all of the deposit — e.g., damage beyond fair wear and tear, unpaid rent, cleaning costs
What the tenant must do to get the deposit back at the end of the tenancy

Most deposit protection schemes provide a template or certificate that covers all of the above. Use it — don't try to write your own from scratch.

The 30-day deadline

The 30-day clock starts from the day you receive the deposit, not the start of the tenancy. In practice:

If the tenant pays the deposit on 1 March, you must protect it and serve prescribed information by 31 March
If the deposit is paid via a letting agent, the clock starts when the agent receives it
There is no extension or grace period. 30 days means 30 days.

Keep proof of when you received the deposit (bank statement, receipt) and proof of when you served the prescribed information (email with delivery confirmation, signed letter, or the deposit scheme's own notification system).

What happens if you don't comply?

The penalties are significant:

Financial penalty

A tenant can apply to the county court, which can order the landlord to pay compensation of 1 to 3 times the deposit amount. This applies if:

The deposit was not protected within 30 days, OR
The prescribed information was not served within 30 days, OR
The prescribed information was incomplete or inaccurate

The court decides the exact multiple based on the circumstances. Even if you eventually protect the deposit, if it was late, the penalty can still apply.

Section 21 block

You cannot serve a valid Section 21 notice while the deposit is unprotected or while the prescribed information hasn't been served. This is one of the most common reasons Section 21 notices fail.

To regain the ability to serve a Section 21 notice, you must:

Protect the deposit (if not already done)
Serve the prescribed information (if not already done)
Return the deposit in full if the tenancy has become periodic and you initially failed to protect it

Even then, a court may find the Section 21 invalid if there was a period of non-compliance during the fixed term.

Common mistakes

Not serving prescribed information at all

Many landlords protect the deposit but forget (or don't know they need) to serve the prescribed information. The deposit scheme might send the tenant an email confirming protection, but this is not the same as serving prescribed information. You need to provide the full set of information listed above.

Not re-serving after a tenancy renewal

If the tenancy is renewed (a new fixed-term agreement), you should serve the prescribed information again. If the tenancy becomes periodic (rolls over month-to-month after the fixed term), you do not need to re-serve — the original service carries over.

Not updating after landlord changes

If the property is sold and a new landlord takes over, the new landlord must re-protect the deposit in their own name and serve fresh prescribed information.

Holding a deposit without a tenancy agreement

Even if there's no formal written tenancy agreement, the deposit protection rules still apply if you take a deposit for an assured shorthold tenancy. The tenancy exists regardless of paperwork.

Deposit protection in Wales

Wales has its own rules under the Renting Homes (Wales) Act 2016:

Deposits must still be protected in an approved scheme
The timescale is 14 days from the "occupation date" (not 30 days)
Different prescribed information requirements apply
The contract holder (tenant) must be given a written statement of the deposit's protection

If you let in Wales, check your specific obligations with our compliance score tool.

Practical tips

Protect the deposit immediately — don't wait for the tenancy to start. As soon as you receive the money, protect it.
Use the scheme's template for prescribed information — it covers all the legal requirements.
Send prescribed information by email with read receipt, or by recorded delivery. Keep proof.
Set a reminder — DueProper will be able to track your deposit protection status and remind you of the 30-day deadline for new tenancies.
Keep records for the entire tenancy — you may need to prove compliance years later if a dispute arises.
Check your scheme's certificate — make sure all details (names, amounts, addresses) are accurate before sending to the tenant.

How DueProper will help

DueProper will track your deposit protection compliance for each property. Get reminders when a new tenancy starts so you never miss the 30-day deadline, and upload your protection certificates and prescribed information as evidence.

Coming soon — join the waitlist for early access.

Check your compliance score for free →

Deposit Protection: Prescribed Information for Landlords