Your Section 21 notice may be invalid: prescribed information was served more than 30 days after the deposit was paid

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Direct answer

That usually creates a strong issue, because late prescribed information can still affect reliance on a legacy Section 21 notice.

Legal basis for this outcome

This outcome is based on Housing Act 2004, sections 213 to 215. Because the prescribed information was served more than 30 days after the deposit was paid, the checker treats this as a likely Section 21 defect unless the landlord can prove the requirement was met or legally cured before the notice was served.

Legal conclusion: Strong issue identified. Confidence: Medium confidence.

How the checker uses this point: The checker treats late service separately from missing service so the date problem is visible on its own facts.

Why it matters legally: Even where the prescribed information was eventually served, the timing still matters. The checker compares the deposit payment date with the service date.

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.

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, tenancy agreement, and every supporting document together in date order.
  • Run the full Section 21 checker so the rest of the legal chain is tested around this point.
  • If court papers have already arrived, get housing advice quickly and prepare a defence with the documents attached.

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Related guidance inside this topic

  • If your next step turns on legacy Section 21 notice rules, read Section 21 validity guides.
  • For the dates, forms, and evidence behind legacy Section 21 notice rules, see Section 21 checker before you respond.
  • If this issue overlaps with legacy Section 21 notice rules, check tenant rights guide to compare the legal tests.
  • For a fuller breakdown of legacy Section 21 notice rules, use Section 21 invalid guide for the underlying rule set.
  • If you need the route-specific rules on legacy Section 21 notice rules, start with Section 21 transition rules 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.

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Common questions

Does "the prescribed information was served more than 30 days after the deposit was paid" 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, tenancy agreement, and every supporting document together in date order. Run the full Section 21 checker so the rest of the legal chain is tested around this point. If court papers have already arrived, get housing advice quickly and prepare a defence with the documents attached.

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