Preparing for rental reform: why prescribed information still counts

Siddeeq v Alaian

In this case, the landlord provided the prescribed information before the deposit was taken, and the court held that this was not compliant with the law.

Regulation 2(1)(g)(vii) of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 requires confirmation that the deposit has been protected — not that it will be.

This distinction is critical. The prescribed information must be accurate and reflect the actual status of the deposit. Serving it in advance, before the deposit exists, means it cannot contain all the required details. The landlord in this case was therefore barred from using the Section 21 route to recover possession of the property.

This judgment confirms that prescribed information must be served after the deposit is received and protected.

What is prescribed information?

When a deposit is taken for an assured shorthold tenancy (AST) or Occupation Contract, landlords (or letting agents acting on their behalf) must protect it in a UK Government-approved scheme within 30 calendar days. But it’s not just about protection — the law also requires prescribed information to be served to the tenant / contract-holder (and any relevant person who paid the deposit) within the same 30-day window.

This prescribed information includes:

• The amount of the deposit and the date it was paid
• The name and contact details of the scheme used
• How the deposit is held and under what terms
• What will happen to the deposit at the end of the tenancy
• Procedures for disputes
• Confirmation of the landlord’s (or agent’s) contact details

Consequences of non-compliance

Failure to provide this information in full and on time can prevent a landlord from serving a Section 21 notice and may lead to financial penalties of up to three times the deposit amount.

Even after the abolition of Section 21, the legal duty to protect deposits and serve prescribed information will remain firmly in place. In fact, compliance is likely to become even more important.

Without Section 21, landlords will have to rely on fault-based or specific grounds to regain possession. Any failure to correctly protect a deposit or serve prescribed information could undermine a possession claim and leave landlords open to legal challenge. Letting agents will continue to play a vital role in safeguarding tenancies by ensuring the rules around deposits are followed to the letter.

Why this matters for letting agents

Letting agents play a key role in tenancy deposit protection. This case underlines the need for agents to review internal processes and ensure:

• Deposits are protected within 30 calendar days of receipt
• Prescribed information is only served after the deposit has been received and protected
• The details provided are accurate and complete

It’s also important to re-serve the prescribed information if there is a new tenancy agreement, or if the landlord or deposit protection scheme changes.

Agents should note that failure to comply correctly could leave their landlords unable to regain possession of their property and vulnerable to penalty claims.