Tenancy Deposits: Documentation - Tenancy Agreements, Prescribed Information and Guarantees

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About Prescribed Information

The tenancy deposit protection legislation requires the Landlord not only to protect the deposit under either the custodial scheme or one of the insurance backed schemes, but in addition, to provide prescribed information to the tenant explaining how the deposit has been protected. 

If you fail to give this prescribed information to the tenant then the same penalties apply even though you may have properly protected the deposit itself. 

The Certificates which the Scheme Administrators provide are not sufficient.  By failing to provide the prescribed information means that you are potentially liable as Landlord to a penalty of 3 times of the amount of deposit and in the meantime no valid section 21 notice can be served.

In addition to giving the prescribed information to the tenant, the Landlord must also give this information to any third party / interested party (i.e. someone who has paid the deposit on behalf of the tenant whether in whole or part).  For example a parent may pay the deposit on behalf of a student tenant or certain local authorities may pay the deposit on behalf of the tenant under a deposit scheme which they operate.

The RLA has prepared 2 forms for this prescribed information depending upon whether the Landlord has protected the deposit under Tenancy Deposit Solutions Limited or, alternatively with the Deposit Protection Service (the custodial scheme).

If you are using Option 2: The Deposit Protection Service

With the Deposit Protection Service (the Custodial Scheme) you must give a copy of the Scheme Terms and Conditions to the tenant.  This must be attached to the RLA prescribed information form. 

• Click here to download the RLA Prescribed Information form for the Deposit Protection Service.
• Click here to download the Scheme Terms and Conditions.

The Scheme Terms and Conditions must be attached to the Prescribed Information form when giving to the tenant.

As indicated above, the relevant documentation must also be given to any third party / interested party paying or contributing towards the deposit.

If you are using Option 3: Tenancy Deposit Solutions Limited

Where the deposit is protected with Tenancy Deposit Solutions Limited there must be attached to the prescribed information a copy of the Scheme's Information for Tenants and Scheme Rules 'Quick Guide' for Landlords. 

• Click here to download the RLA Prescribed Information form for Tenancy Deposit Solutions Limited.
• Click here to download the Scheme's Information for Tenants.
• Click here to download the Scheme Rules 'Quick Guide' for Landlords.

  The Scheme's Information for Tenants and Scheme Rules 'Quick Guide' for Landlords documents must be attached to the Prescribed Information form when giving to the tenant.

Tenancy Deposit Solutions Limited will provide you with their Tenancy Deposits Certificate.  Their scheme rules require that the tenant is given a copy of this (together with any third parties / interested party who has contributed towards the deposit ).  This requirement is over and above the need to give the prescribed information to the tenant. 

Notes on completing the Prescribed Information for the above two options

• In each case you will need to complete the prescribed information fully and correctly.  Failing to do so could mean that you are faced with a penalty and / or cannot legally evict the tenant using Section 21 procedure.
• In the case of joint tenants the landlord need only complete one form but this must be addressed to all of the tenants.  You must include details of all the tenants; not just the lead tenant.
• Where a third party pays towards the deposit the Prescribed Information must also be addressed to that third party. This should be sent / given to any third party separately.
• Please note that the prescribed information requires you to give details of the circumstances in which the deposit can be reclaimed.  This has been drawn up on the basis that you use the RLA tenancy agreement.  If you do not use the RLA tenancy agreement the wording will need to be changed so as to reflect how the tenancy agreement which you have used is worded.

If you are using Option 4: The Dispute Resolution Service

For those Landlords who have protected their deposit with the Dispute Resolution Service the RLA has not provided any documentation.  This is because the rules of this scheme require various amendments to the tenancy agreement and this incorporates the prescribed information in a form which is detachable from the tenancy agreement.  You will have to take advice and arrange to have your tenancy agreement amended if you wish to use this scheme.

Further details are available on the The Dispute Service website

Useful Summary of what to do

The following table summarises the documentation above. Find which scheme option you are using to protect deposits and then download the AST and prescribed information notices in that column.

Additional Tenancy Agreements Available from the RLA

Company Let Agreements

The RLA publish a tenancy agreement where you are letting your property to a Limited Company or other Corporate Body.  The tenant must be a Limited Company / Corporate body.  In such a case the deposit does not have to be protected under one of the tenancy deposit protection schemes.  You can deal with the deposit yourself without doing so.  Click here for this form of company let tenancy agreement.

Non Assured Tenancies

The RLA also provides a tenancy agreement for use if one of the following cases applies :-

1. The rent exceeds £25,0000.00 per year
2. The rent is less than £250.00 per year
3. The tenancy is not going to be an assured shorthold tenancy because the tenant will not be occupying the property as his or / her only or main home.  If the tenancy is granted to joint tenancies none of the tenants must occupy this property as their only or main home.  For example, if you have a tenant who works locally but each weekend goes home to his Wife / Family elsewhere then the tenanted property which you are letting will not normally be the tenants only or main home.  Likewise in the case of some student lettings the tenants only / main home may be with their parents and not where they study.  Each case will however turn on the individual circumstances of the tenant. You must satisfy yourself on these issues and if need be take your own professional advice.

In all the above cases the tenancy would not be an assured shorthold tenancy so you will not need to protect tenancy deposit under the tenancy protection under any tenancy deposit protection schemes.  This form of tenancy agreement is only available on request to the RLA office.  Please telephone the office on 0845 666 5000.  It is not available on the website to download.

Owner Occupiers Letting their Own Homes

This form of agreement is for use where the Landlord has previously occupied the tenanted property as the Landlord’s only/main home.  If the property is jointly owned only one of the Landlords need have lived in the property so long as it was / her only / main home.  It does matter how long ago this was and when the Landlord lived in the property he / she need not necessarily have owned it  For example he/she may have lived in it with their parents who owned it at the time.

Instead of being an assured shorthold tenancy, this form of agreement relies on Ground 1.  This is a special ground for use in this situation and the agreement incorporates the required ground 1 / ground 2 notices. 

However some Mortgage Lenders will only allow you to let under an assured shorthold tenancy agreement so unless you can obtain their specific permission you would not be able to use this form of agreement.

If you use this form of agreement then provided the Landlords (or one of the joint Landlords) has previously occupied the property as his / her only / main home,  the tenant is effectively in the same position as an assured shorthold tenant.  However in stead of giving a section 21 notice you need to give a section 8 notice relying on Ground 1.  You may need to take further advice.

Again, in this situation using this form of agreement you avoid the tenancy deposit protection scheme and you hold the deposit yourself.

This form of tenancy agreement is also only available on request from the RLA Office.  Please telephone the office on 0845 666 5000.  It is not available on the RLA website.

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