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This article looks at when tenancy deposit prescribed information can be given, and why the timing matters. The short point is that the prescribed information should be served after the landlord has received the deposit. Giving the information before the deposit is paid is not enough.
That may feel awkward in practice, because many landlords want all the tenancy paperwork signed at the same time. However, the timing point is strict. It affects both possession and the separate financial penalty rules.
In Siddeeq v Alaian (K00BF465), heard by HHJ Hellman at the Mayor's and City of London County Court on 9 August 2024, the court considered whether prescribed information served before a deposit was actually paid could satisfy the Housing Act 2004 requirements.
The case arose under an assured shorthold tenancy signed on 12 November 2021. The tenancy agreement contained various parts of the tenancy deposit prescribed information, including the deposit amount. The landlord also gave the tenant a Mydeposits leaflet at the same time.
The tenant paid the deposit the following day. The landlord then protected the deposit with Mydeposits and gave the tenant the deposit protection certificate. The problem was that the signed prescribed information had been given before the deposit was received.
The landlord later relied on possession proceedings under the old regime. The tenant argued that the prescribed information had not been properly served. The District Judge found for the landlord, but the tenant appealed.
HHJ Hellman allowed the appeal. The judge held that sections 213(5) and 213(6) of the Housing Act 2004, read with Article 2 of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, require the prescribed information to be given after the deposit has been received. Information given too early does not comply.
The decision is summarised in more detail by Nearly Legal: Too soon? Prescribed information before a deposit taken.
The timing principle in Siddeeq remains important. The Renters' Rights Act 2025 changes the possession framework, but it does not remove the tenancy deposit prescribed information rules in the Housing Act 2004 or the 2007 Order.
The two consequences are different.
For most section 8 possession claims on the relevant grounds, the court will not make a possession order unless the landlord has met the deposit requirements. That means the deposit must have been protected in an authorised scheme and the prescribed information must have been correctly given.
The landlord may also satisfy the gateway by returning the deposit in full, or with agreed deductions, or where any deposit-related court application by the tenant has been concluded, withdrawn or settled.
This is not usually a permanent block on possession. If the landlord spots the problem before the possession order is made, late compliance or returning the deposit can often cure the possession gateway. However, that is not a reason to be relaxed about timing. A defect can delay or derail a claim if it is not dealt with in time.
There is also a limited carve-out for some anti-social behaviour grounds where the deposit gateway is dis-applied. Check the ground before relying on that exception.
The penalty risk is separate. If the deposit is not properly protected, or the prescribed information is not provided correctly and on time, the tenant may apply for a penalty under section 214 of the Housing Act 2004.
The penalty is between one and three times the deposit. Late compliance may satisfy the possession gateway, but it does not automatically waive the tenant's right to claim a financial penalty for the earlier breach.
Before the tenancy is granted, take a holding deposit if needed. Under the Tenant Fees Act 2019, a holding deposit is capped at one week's rent. The tenancy deposit itself only exists once the tenancy has been granted, so it should not be taken before the grant; this is also the reason the prescribed information cannot be validly served until after the deposit has been received.
Once the tenancy has been granted and the tenancy deposit has been received, protect it promptly and serve the prescribed information after receipt of the deposit. If the scheme certificate is available, send that at the same time. Keep clear evidence of the date and method of service.
A covering email might say:
I attach the deposit protection certificate, the tenancy deposit prescribed information, the tenancy agreement and the documents referred to in the tenancy.
That email should only be sent after the deposit has been received. Keep the sent email and any delivery/read receipt if available. If relying on email service, check that the tenancy permits service by email and that the correct email address has been used.
This is awkward for joint tenancies, especially student lettings. Each tenant and any relevant person, such as a parent who paid the deposit, must receive the prescribed information after the deposit has been received. It may mean sending a second document pack rather than trying to deal with everything when the tenancy is signed.
The safe approach is simple: take the deposit at the right time, then serve the prescribed information afterwards and keep proof. If the timing has already gone wrong, deal with it before possession proceedings are issued or before the court is asked to make an order. But remember that correcting the paperwork late may still leave a penalty claim risk.