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 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 (my deposits)

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 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 for Landlords.

  The Scheme's Information for Tenants and Scheme Rules 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

RLA Members can now obtain different kinds of tenancy agreement to meet a variety of requirements.   These include an AST - Room Only designed specifically for shared properties, a lodgers agreement, a company let, an owner occupier agreement and a non-assured tenancy agreement.  For more information on any of the tenancy agreements please see the RLA Guide to Tenancy Agreements.