No protection? Then no Section 21 — and since 1 May 2026, no Section 21 at all
Two regimes, one rule of thumb: the deposit breach always gives you 1x–3x, and the landlord's possession position depends on when your tenancy started.
Section 215 Housing Act 2004: while the deposit is unprotected or the prescribed information was never served, no valid Section 21 notice can be given. Even protection after day 30 doesn't fully cure it: under the Deregulation Act 2015 the landlord must generally return the deposit in full before a s.21 notice becomes valid. A s.21 notice served in breach is invalid — challenge it in the possession hearing.
The Renters' Rights Act 2025 abolished Section 21 for new tenancies: landlords must use Section 8 eviction grounds and prove them. The deposit duties continue under s.213 as amended, and the s.214 penalty (1x–3x) applies exactly as before. The penalty claim survives the end of the tenancy.
What this means strategically
- Legacy tenancy + unprotected deposit: the landlord cannot use s.21 — and owes you 1x–3x. Both levers are yours.
- New-regime tenancy + unprotected deposit: eviction must go through s.8 grounds (and a judge), and you claim 1x–3x regardless.
- Never accept a "we'll return the deposit and call it even" verbal deal — a s.214 claim survives the return of the deposit (s.214(1A)).
Casewright claim pack
Landlord in the landlord failed the 30-day rule? The Casewright Tenancy Deposit Pack generates your formal 14-day Letter Before Claim and Money Claim Online particulars citing s.213 and s.214 Housing Act 2004. Flat £69 — no percentage of your award, unlike no-win-no-fee deposit lawyers who take 35–42%.
FAQs
Can my landlord serve Section 21 if my deposit was not protected?
For tenancies that began before 1 May 2026: no. s.215 Housing Act 2004 bars the notice while s.213(3)/(6) remain unmet, and even after late protection the notice can be invalid unless the deposit was returned first (Deregulation Act 2015 rules). For tenancies beginning on or after 1 May 2026, Section 21 is abolished outright — landlords must use Section 8 grounds.
My tenancy started after 1 May 2026 — what does the deposit breach give me now?
The 1x–3x penalty claim under s.214 is unchanged — it applies to assured periodic tenancies. What changed is eviction: there is no Section 21 at all, and the landlord must prove a ground to a judge.
Shelter's free emergency housing advice line: 0808 800 4444 (England, weekdays) · Citizens Advice: 0808 223 1133. If you are being illegally locked out right now, call 999.