More information is needed: I do not know whether a deposit was taken

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Direct answer

More information is needed. If a deposit existed, several extra Section 21 bars may apply; if not, that branch falls away.

Legal basis for this outcome

This outcome is based on Housing Act 2004, sections 213 to 215 and Housing Act 2004, section 215. Because I do not know whether a deposit was taken, the checker cannot give a reliable answer until the missing date, document, or fact is confirmed.

Legal conclusion: More information needed. Confidence: Low confidence.

How the checker uses this point: The checker cannot safely clear or ignore the deposit branch until the basic deposit facts are known.

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

  • Find the missing document or date evidence before relying on this point either way.
  • Run the full Section 21 checker and mark any unknown answers carefully so the evidence gaps are visible.
  • If court deadlines are close, get advice even before every document is complete.

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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.

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Common questions

Does "I do not know whether 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?
Find the missing document or date evidence before relying on this point either way. Run the full Section 21 checker and mark any unknown answers carefully so the evidence gaps are visible. If court deadlines are close, get advice even before every document is complete.

Use the interactive checker on getrentersrights.com for the full step-by-step result.