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Landlords and agents beware: Another potential S.21 Notice pitfall

by Access Legal


Do you serve your Section 21 Notices at the same time as the tenancy agreement is signed?

If so, your Notice could be invalid – unless you've already registered the deposit with the relevant tenancy deposit scheme.

It's a rare occasion where a landlord can register the deposit before the tenancy commences, as deposits are usually only taken on the day the agreement is signed.

Therefore, if you serve your Section 21 Notice and have the tenant sign the agreement at the same time it's highly likely the deposit won't be registered at that stage.

The Housing Act 2004 at Section 215 states:

"The landlord may not serve a notice under Section 21 of the Housing Act 1988 at any time where a deposit is not being safeguarded in accordance with an authorised scheme or where either the initial requirements of the scheme have not been met or the prescribed information regarding the safeguarding the deposit has not been given"

The result being that many, if not all, your Notices served in such circumstances will be invalid.

Before you commence any proceedings on a Section 21 Notice, you need to check when it was served, and that the deposit was appropriately registered and the prescribed information provided.

If you require further help or advice on this or any other property related matter, please contact our landlord services specialists.


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