The landlord had done the main thing right: the deposit was protected in a government-approved scheme. What they couldn't show was that the tenant had been given the prescribed information, the scheme's set of details about where the money is and how to get it back. The claim fell.
In the landlord groups, this one stings because it feels so small. A couple of pages. But to a court it's part of the deposit rules, not an extra.
Why it matters more since 1 May 2026
Under the Renters' Rights Act, a court cannot make a possession order under Section 8 unless the deposit has been protected in an approved scheme and the prescribed information has been given to the tenant. The main exception is anti-social behaviour.
That covers rent arrears, selling the property and moving in yourself. If the deposit paperwork is wrong, it must be put right before the court can help you. And on top of that, a tenant can claim compensation of one to three times the deposit.
The rule in 30 seconds
- Protect the deposit in a government-approved scheme (DPS, mydeposits or TDS) within 30 days of receiving it.
- Give the tenant the prescribed information within the same 30 days.
- Do it again if the tenancy changes in a way that needs re-protection; ask your scheme.
- Get it wrong and you may owe 1 to 3 times the deposit, and Section 8 possession is blocked until it's fixed.
How to avoid it
Your deposit check, today
- Find the certificate for every tenancy. Note the scheme and the reference number.
- Find your proof that the tenant got the prescribed information: the email, the signed copy, the post receipt.
- Check the names. Every tenant on the agreement should be on the scheme record.
- Can't find it? Contact your scheme and get advice on putting it right. Don't wait for a dispute.
- Keep it together: certificate, prescribed information and proof of sending, saved with the tenancy.
It takes about ten minutes per tenancy to check. Do it before you ever need it.
How Lordease helps
The legal checklist for each tenancy includes the deposit steps, and the certificate is saved with the tenant so you can find it in seconds.