Section 21 notices and deposit protection

The rule

Under s215 of the Housing Act 2004, a landlord who has not protected the deposit, or has not served the Prescribed Information, cannot give a valid Section 21 notice.

If the deposit was never protected, the landlord must first return it in full (or as agreed) before serving a Section 21 notice. If protected late, they can generally serve a notice after protection, provided Prescribed Information has been served.

Deregulation Act 2015 changes

The Deregulation Act 2015 clarified that deposits protected before the Act, and renewed tenancies where the original Prescribed Information was served, are treated as compliant. It also added further s21 requirements such as the gas safety certificate, EPC and the 'How to Rent' guide.

What to do if you receive a s21 notice

• Check whether your deposit appears on the DPS, TDS or mydeposits search tools.
• Check whether you received full Prescribed Information within 30 days.
• Seek advice from Shelter, Citizens Advice or a housing solicitor before leaving.
• Raise the invalidity as a defence if possession proceedings are issued.

Renters' Rights reforms

The Renters' Rights Act is abolishing Section 21 in England. Check current government guidance for the date your tenancy is affected; deposit compensation rights under s214 are unaffected.