Your Section 21 notice needs checking: deposit was taken
Direct answer
That does not make the notice defective by itself, but it opens the whole deposit-protection branch of the Section 21 checker.
Not sure about the other conditions? Run the free Section 21 validity checker. Takes about 5 minutes, no account needed.
Legal basis for this outcome
This outcome is based on Housing Act 2004, sections 213 to 215 and Housing Act 2004, section 215. Because a deposit was taken, the point needs checking alongside the dates, documents, and other Section 21 requirements before you can treat the notice as safe or defective.
Legal conclusion: Possible issue identified. Confidence: Medium confidence.
How the checker uses this point: Once a deposit exists, the checker tests protection, timing, prescribed information, and any later cure before clearing the notice.
Why it matters legally: Deposit-related Section 21 bars only arise if a tenancy deposit was actually taken. That makes the deposit question a branch point in the checker rather than a defect by itself.
What could change the answer: The answer can change if the landlord can prove an earlier protection date, an earlier service date for prescribed information, or a proper return of the deposit before service. If the paperwork is incomplete, the underlying scheme record often changes the analysis. Even where this prescribed-information component is present, another missing document, a late service date, an expired transition deadline, or a non-AST tenancy can still change the Section 21 answer.
What to gather
- Deposit protection certificate, scheme confirmation, or screenshots from DPS, MyDeposits, or TDS.
- The date the deposit was paid and the date it was protected or returned.
- The prescribed information pack and any email or letter that served it.
What to do next
- Keep the notice and supporting documents together so you can test the full chain around this point.
- Run the full Section 21 checker to see whether this combines with other issues.
- If the landlord starts court action, keep the evidence ready for a defence or advice appointment.
Free checkers
- Run the Section 21 validity checker
Run the full Section 21 checker again to test this point with the rest of the notice chain. - Can my landlord evict me?
Read the broader eviction guide if the landlord may switch routes or has already started court action.
Other Section 21 checks
- Your Section 21 notice may be invalid: deposit was not protected
Landlord did not protect your tenancy deposit? Check why that can block a legacy Section 21 notice and what evidence tenants should keep. - Your Section 21 notice may be invalid: deposit was protected more than 30 days after it was paid
Deposit protected after the 30-day deadline? Check how late protection affects a legacy Section 21 notice and what records tenants need. - Your Section 21 notice may be invalid: prescribed deposit information was not served
Check this Section 21 defect: prescribed deposit information. See what evidence matters and when to run the full checker. - Your Section 21 notice may be invalid: prescribed information did not include the scheme details
Check this Section 21 defect: prescribed info did not include. See what evidence matters and when to run the full checker.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read Section 21 checker.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see all Section 21 condition guides before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check prescribed information property address guide to compare the legal tests.
- For a fuller breakdown of legacy Section 21 notice rules, use deposit protected late Section 21 rules for the underlying rule set.
- If you need the route-specific rules on the post-1 May 2026 reform framework, start with renters rights act timeline so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 2004
Primary statute for tenancy deposit protection, HMO licensing, and local authority housing hazard enforcement. - GOV.UK: tenancy deposit protection
Government guidance on deposit protection schemes, deadlines, prescribed information, and dispute routes. - Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules.
Related articles
- Section 21 abolished: what happens now?
The transition guide for pre-cutoff notices, the 1 May 2026 changeover, and when possession analysis switches to Section 8. - Tenant rights in England: complete guide
The main overview page linking eviction, repairs, deposit protection, rent increases, and illegal eviction rights together. - Section 21 notice invalid: common reasons only
A short supporting checklist of common legacy Section 21 invalidity reasons, with the full validity analysis on the primary hub. - Renter questions answered
Plain-English answers to the most-asked questions from private renters in England: eviction, deposits, rent increases, repairs, illegal eviction, and pets. - Deposit protection prescribed information rules
How the 30-day protection rules, prescribed information, deductions, penalty claims, and Section 21 impact work.
Common questions
- Does "a deposit was taken" automatically decide the whole notice?
- No. This page isolates one legal condition from the full Section 21 chain. A legacy notice can still rise or fall on other dates, documents, deposit issues, licensing points, or retaliatory-eviction facts.
- What evidence usually matters most?
- Deposit protection certificate, scheme confirmation, or screenshots from DPS, MyDeposits, or TDS. The date the deposit was paid and the date it was protected or returned. The prescribed information pack and any email or letter that served it.
- What should I do next?
- Keep the notice and supporting documents together so you can test the full chain around this point. Run the full Section 21 checker to see whether this combines with other issues. If the landlord starts court action, keep the evidence ready for a defence or advice appointment.
Use the interactive checker on getrentersrights.com for the full step-by-step result.
