Can my landlord evict me if they didn't protect my deposit?

Under the Housing Act 2004, as amended, landlords who take a deposit on an assured shorthold tenancy in England must protect it in one of three government-approved tenancy deposit protection (TDP) schemes — MyDeposits, the Deposit Protection Service (DPS), or the Tenancy Deposit Scheme (TDS) — within 30 days of receiving it.

They must also give you prescribed information about the scheme within the same 30-day period. This includes the scheme name and contact details, how to apply for the deposit's return, and what to do if there is a dispute.

If these steps were not taken, the Section 21 notice is invalid and you cannot be evicted using that route. The landlord must first protect the deposit and provide the prescribed information — but even then, courts have held that a Section 21 cannot be served until these obligations are met.

Additionally, you have a separate right to apply to the county court for a penalty of between one and three times the deposit amount. Courts have discretion in setting the exact amount, and this is a financial claim you can bring regardless of whether you are still in the property.

If your landlord is threatening eviction and you are unsure whether your deposit is protected, you can check directly with all three TDP schemes using their online lookup tools. If it is not registered, write to your landlord immediately, keep records, and seek advice from a housing solicitor or Citizens Advice before responding to any court claim.