Can my landlord serve a s.21 if they protected the deposit late?

Under the Deregulation Act 2015, a landlord can remedy late protection by protecting the deposit and serving Prescribed Information before serving the s.21. However, the tenant retains the right to bring a s.214 penalty claim for the period of non-protection, even if the deposit is later protected correctly.

What should I do if I receive a s.21 notice?

Do not ignore it, but do not panic either. First, check whether the deposit is protected and whether Prescribed Information was correctly served. If either is missing, the s.21 is likely invalid. Seek advice from a housing solicitor, Citizens Advice, or Shelter before the possession date in the notice.

Is a s.21 notice the same as an eviction?

No. A s.21 notice is the first step in a legal process. The landlord must obtain a possession order from the court, then a warrant for possession, before bailiffs can act. You are legally entitled to remain in the property until a court bailiff enforces a warrant. Never leave simply because a notice arrives.

Section 21 Notice

By GetRighted Legal Research TeamLast updated July 2026

Summary

Section 21 of the Housing Act 1988 gives a landlord the right to end an Assured Shorthold Tenancy without giving any reason — so-called 'no-fault' eviction. To serve a valid s.21, however, numerous conditions must be met. Two of the most commonly violated are deposit-related: the deposit must have been protected in an authorised scheme under Housing Act 2004 s.213, and the Prescribed Information must have been correctly served. The Deregulation Act 2015 made these requirements absolute: a s.21 served while the deposit remains unprotected or Prescribed Information unserved is a nullity. If you receive a s.21 notice, check your deposit status before doing anything else.

What a Section 21 notice does

A valid s.21 notice begins the process by which a landlord can recover possession of the property without proving any ground for eviction. Unlike a s.8 notice (which requires a specific ground such as rent arrears), a s.21 simply states that possession is required after a specified date. If the tenant does not leave, the landlord must apply to the court for a possession order. The court cannot refuse a possession order based on a validly served s.21 — but it can (and must) refuse if the s.21 is invalid on technical or procedural grounds.

Deposit protection as a s.21 blocker

Under Housing Act 2004 s.215(1), a s.21 notice cannot be given in relation to a shorthold tenancy if the deposit was not protected in an authorised scheme, or if Prescribed Information was not given to the tenant. The Deregulation Act 2015 further provides that a landlord cannot serve a valid s.21 unless the Prescribed Information has been given — even if the deposit was subsequently protected late. If the deposit was protected but Prescribed Information was never served, the landlord must serve the Prescribed Information first and then wait before serving s.21.

Other s.21 invalidity grounds beyond deposits

A s.21 can also be invalid if: the landlord failed to provide an EPC, gas safety certificate, or the 'How to Rent' guide; the notice was served during the first four months of the original tenancy; the form used was not Form 6A (prescribed since October 2015); the notice was not served correctly; or the property is subject to a selective licensing requirement and the landlord does not hold a licence. Always check all grounds, not just the deposit.

Checking a s.21 notice against deposit requirements

✓Check the deposit was protected within 30 days of receipt — verify via DPS, TDS, or MyDeposits website.
✓Confirm you received the full Prescribed Information package, including the scheme leaflet.
✓Check when the Prescribed Information was served — if after the s.21 was served, the s.21 may be invalid.
✓Verify the s.21 is on Form 6A (required since 1 October 2015 in England).
✓Check you received an EPC, gas safety certificate, and How to Rent guide before the tenancy started.

The Renters' Rights Bill and the future of s.21

The Renters' Rights Bill, introduced in the 2024–25 parliamentary session, proposes to abolish s.21 no-fault evictions entirely. If enacted, landlords will only be able to recover possession using specific grounds under a reformed s.8 procedure. Until Royal Assent and commencement, s.21 remains valid law. Tenants should check the current status of the Bill before assuming it applies to their situation.

Sources

Housing Act 1988, s.21
Housing Act 2004, s.213–s.215
Deregulation Act 2015, ss.33–41

Frequently Asked Questions

Can my landlord serve a s.21 if they protected the deposit late?: Under the Deregulation Act 2015, a landlord can remedy late protection by protecting the deposit and serving Prescribed Information before serving the s.21. However, the tenant retains the right to bring a s.214 penalty claim for the period of non-protection, even if the deposit is later protected correctly.
What should I do if I receive a s.21 notice?: Do not ignore it, but do not panic either. First, check whether the deposit is protected and whether Prescribed Information was correctly served. If either is missing, the s.21 is likely invalid. Seek advice from a housing solicitor, Citizens Advice, or Shelter before the possession date in the notice.
Is a s.21 notice the same as an eviction?: No. A s.21 notice is the first step in a legal process. The landlord must obtain a possession order from the court, then a warrant for possession, before bailiffs can act. You are legally entitled to remain in the property until a court bailiff enforces a warrant. Never leave simply because a notice arrives.

housing-act-2004-s-213
housing-act-2004-s-214
Prescribed Information (Deposit)
Assured Shorthold Tenancy (AST)
deposit-protection-deadline
Section 214 Penalty

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