Housing4 min read28 April 2026

Was My Section 21 Notice Invalid Because My Landlord Did Not Protect My Deposit?

Based on: Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 · View judgment

The Scenario

A tenant whose tenancy began in 2007 (before the deposit protection rules) had their tenancy roll onto a periodic tenancy in 2008. The landlord never protected the deposit. In 2012, the landlord served a Section 21 notice.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I moved into my flat in January 2007 on a 12-month assured shorthold tenancy. My landlord took a deposit of £900 but never protected it in a deposit scheme. When my fixed term ended in January 2008, the tenancy just rolled over as a periodic tenancy. In 2012, the landlord served a Section 21 notice and then took me to court. I raised the deposit issue but the landlord says the deposit rules did not apply when I moved in, so he is fine. Is that right?

Case Buddy

Thank you for explaining this. The deposit protection rules and when they apply to your tenancy is a nuanced area. Let me make sure I understand your position fully. You say the tenancy started in January 2007, before the deposit protection rules came into force in April 2007. The tenancy then rolled into a periodic tenancy in January 2008 — after the deposit protection rules were in force. Is that right? And has the landlord still never protected the deposit at any point?

You

Yes, that is exactly right. The periodic tenancy started in January 2008 and the deposit has never been protected at any point.

Case Buddy

Here is the legal position on this: The Housing Act 2004 deposit protection requirements came into force on 6 April 2007. The rules require landlords to protect deposits received in connection with assured shorthold tenancies. **The key legal issue:** When your fixed-term tenancy ended in January 2008 and the tenancy became a statutory periodic tenancy, the Court of Appeal has held that this creates a **new tenancy** — even though the tenancy continues in practice with the same terms. The start of the periodic tenancy is treated as a new receipt of the deposit for deposit protection purposes. This means: - When your statutory periodic tenancy began in January 2008, the deposit protection rules were already in force - Your landlord was therefore required to protect the deposit at that point and to provide you with the prescribed information - The failure to do so from January 2008 means the landlord has been in breach of the deposit protection requirements throughout the periodic tenancy - Under Section 215 of the Housing Act 2004, a landlord cannot serve a valid Section 21 notice while holding an unprotected deposit - **The Section 21 notice served in 2012 is therefore invalid** **What you can do:** You can raise the unprotected deposit as a complete defence to the possession claim. The court should dismiss the Section 21 claim. You may also have a separate claim for a penalty of 1–3 times the deposit amount for the failure to protect. For specialist housing advice, contact Shelter on 0808 800 4444. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

•The Housing Act 2004 deposit protection rules came into force in April 2007.
•When a fixed-term AST ends and becomes a statutory periodic tenancy, this is treated as a new tenancy — and the deposit must be protected at that point if the rules are now in force.
•Failure to protect the deposit from the start of the periodic tenancy means the landlord cannot serve a valid Section 21 notice (s.215 Housing Act 2004).
•The tenant may also claim a penalty of 1–3 times the deposit amount for the failure to protect.

What the Court Decided

The Court of Appeal held that the start of a statutory periodic tenancy constitutes a new tenancy, triggering the obligation to protect the deposit under the Housing Act 2004. Landlords who failed to protect at that stage were barred from relying on Section 21.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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