Can the landlord remedy missing Prescribed Information after it was due?

Yes — they can serve Prescribed Information late and correct defects. However, the Deregulation Act 2015 only prevents them from serving a valid s.21 notice until remedied; it does not retrospectively cure the tenant's right to claim the s.214 penalty for the original breach. You can still bring a penalty claim even if the landlord later serves the information correctly.

What if the landlord used a letting agent who failed to serve Prescribed Information?

The obligation under s.213 falls on the landlord. If an agent acts on the landlord's behalf and fails to serve Prescribed Information, the landlord remains liable. The landlord may have a separate claim against the agent, but that does not affect your right to pursue the landlord for the s.214 penalty.

Is a photocopy of the scheme certificate enough?

Courts have accepted electronic copies and photocopies as valid service. The key issue is whether each required item was provided — not the format. Email delivery is generally accepted provided the tenant has agreed to receive documents electronically under the tenancy agreement.

Prescribed Information (Deposit)

By GetRighted Legal Research TeamLast updated July 2026

Summary

Protecting your deposit in a scheme is only half the landlord's obligation. Within 30 days of receiving the deposit, they must also hand you the Prescribed Information — a specific package of documents defined in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007. It includes the scheme's leaflet, the certificate confirming protection, details of how to dispute deductions, and the tenancy deposit scheme's contact information. Courts have refused to excuse minor defects. If Prescribed Information was never served, or served late, or served with wrong details, a s.214 penalty claim is available — and the landlord cannot rely on s.21 to evict you until it is remedied.

What Prescribed Information must contain

The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797) specifies each item that must be served. The package must include: the address of the rented property; the amount of the deposit; the name and contact details of the authorised scheme; the scheme's procedures for returning the deposit and resolving disputes; the name and contact details of any relevant person (third party who paid the deposit); the circumstances in which the landlord may make deductions; and the scheme's information leaflet. Serving only the deposit certificate without the scheme leaflet is insufficient — the full package is required.

The 30-day service deadline

Under Housing Act 2004 s.213(5) and (6), Prescribed Information must be given to the tenant (and any 'relevant person' who paid the deposit) within 30 days of receipt of the deposit. The clock starts on the date the deposit is received, not the tenancy start date. If the landlord receives the deposit before the tenancy starts, the 30 days still runs from receipt. Late service — even by one day — is a breach. The Deregulation Act 2015 clarified that late protection and late Prescribed Information can be remedied before a s.21 notice is served, but this does not bar a tenant from claiming the penalty for the historic breach.

Signed acknowledgement — the common landlord defence

Landlords often argue that the tenant signed a deposit protection certificate or an AST clause acknowledging receipt of Prescribed Information. Courts have accepted this as evidence of service — but only if the acknowledgement specifically references each required item. A generic 'I acknowledge the tenancy agreement' clause is not enough. Check exactly what you signed, and whether it identifies the scheme leaflet and dispute resolution procedure by name.

Check whether you received valid Prescribed Information

✓Did the landlord give you a deposit protection certificate from DPS, TDS, or MyDeposits?
✓Did you receive the scheme's official tenant information leaflet (usually a PDF or printed booklet)?
✓Does the certificate show the correct deposit amount, property address, and tenancy dates?
✓Were you given the scheme's contact details and dispute resolution procedure?
✓If a parent or guarantor paid the deposit, did they also receive the same documents?

Consequences of non-compliance

If Prescribed Information was never served, or was materially defective, the tenant may apply to the county court under s.214 for: the return of the deposit; and a penalty of one to three times the deposit amount, awarded at the court's discretion. The court must order the penalty if the deposit was not protected — it is discretionary if protection was in place but Prescribed Information was defective. Additionally, any s.21 notice served while Prescribed Information remains unserved is invalid under s.215(1) of the Housing Act 2004.

Sources

Housing Act 2004, s.213(5)–(6)
Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797)
Deregulation Act 2015, s.30

Frequently Asked Questions

Can the landlord remedy missing Prescribed Information after it was due?: Yes — they can serve Prescribed Information late and correct defects. However, the Deregulation Act 2015 only prevents them from serving a valid s.21 notice until remedied; it does not retrospectively cure the tenant's right to claim the s.214 penalty for the original breach. You can still bring a penalty claim even if the landlord later serves the information correctly.
What if the landlord used a letting agent who failed to serve Prescribed Information?: The obligation under s.213 falls on the landlord. If an agent acts on the landlord's behalf and fails to serve Prescribed Information, the landlord remains liable. The landlord may have a separate claim against the agent, but that does not affect your right to pursue the landlord for the s.214 penalty.
Is a photocopy of the scheme certificate enough?: Courts have accepted electronic copies and photocopies as valid service. The key issue is whether each required item was provided — not the format. Email delivery is generally accepted provided the tenant has agreed to receive documents electronically under the tenancy agreement.

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housing-act-2004-s-214
Assured Shorthold Tenancy (AST)
deposit-protection-deadline
Section 21 Notice
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