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the rules say that if you want to serve a section 21 notice on your tenants then as of the day that you serve that section 21 notice you should have protected the deposit if you havent done so than any section 21 notice you serve is invalid and unenforceable so if you have taken a deposit from your tenants but you havent protected it then one of the options you have is to return the deposit to the tenant and then serve a section 21 notice that notice will then be valid and enforceable however depending on the circumstances you still may not be able to use the accelerated procedure for gaming possession you can use another procedure for gaining possession but that can sometimes take a little bit longer and cost a little bit more than the usual accelerated route that everyone else uses this is a potentially very tricky and difficult area of the law so if you need any advice or help then were happy to help