The process of serving a Section 21 notice has become more complex following the enactment of the Deregulation Act 2015. This legislation introduced additional legal obligations, known as the prescribed requirements, which must be met to serve a valid Section 21 notice. These requirements apply to England, with different regulations for Wales.
Despite these rules being in place for over nine years, many landlords remain unsure about how to serve a valid Section 21 notice. To assist, we’ve provided a detailed checklist below.
Checklist for Serving a Valid Section 21 Notice
(1) Form and Dates
Initial Tenancy Period: A Section 21 notice cannot be served during the first four months of the initial tenancy agreement.
Form 6A: If the tenancy started or was renewed on or after 1 October 2015, the notice must be on the up-to-date Form 6A.
Notice Period: The notice must provide at least two months’ written notice.
Rental Period Notice: If the tenant pays rent quarterly or every six months, they are entitled to a notice period equal to their rental period.
Possession Claim: A possession claim should be issued within six months of serving the Section 21 notice, or the notice becomes invalid, and a new notice must be served.
(2) Deposit Protection
You cannot serve a Section 21 notice if:
Unprotected Deposit: The tenancy deposit is not protected in a scheme.
Late Protection: The deposit was protected more than 30 days after the most recent contract started.
Prescribed Information: You did not serve the prescribed information to the tenant and any person who paid the deposit on their behalf within 30 days of the deposit being paid.
If these requirements are not met, the only option is to return the deposit to the tenant or agree to use it against any outstanding rent. Once you no longer hold a deposit, the restriction on serving the notice is lifted.
(3) Serve the Correct Prescribed Documents
A Section 21 notice can be invalid if you fail to provide the tenant with current copies of the following:
Gas Safety Certificate: A valid certificate must be given before the tenant occupies the property and must remain valid at the time the notice is served.
Energy Performance Certificate (EPC): The tenant must receive a valid EPC.
‘How to Rent’ Guide: Provide the government-produced guide titled ‘How to rent: the checklist for renting in England’.
(4) Overcharged Fees or Deposit
From 1 June 2019, landlords and agents can:
Deposit Limit: Take up to five weeks’ rent as a deposit.
Charge Fees: Only charge fees in certain situations, with most tenancy-related fees being banned.
A Section 21 notice is invalid if you overcharged for a deposit or took a prohibited payment unless the overcharged amount is returned first. If a letting agent overcharged the tenant, the landlord can still serve the notice as long as the landlord did not take a prohibited payment.
(5) Licensing Requirements
Many houses in multiple occupation (HMOs) and other private rental properties require a licence. A landlord who needs a licence cannot serve a valid Section 21 notice unless they:
Are Licensed: Hold a valid licence.
Applied for a Licence: Have applied for a licence or temporary exemption from licensing.
(6) Disrepair
A Section 21 notice is invalid for six months if the council orders the landlord to make repairs under:
Improvement Notice
Emergency Remedial Action Notice
A Section 21 notice may also be invalid if served after the tenant makes a written complaint about property conditions and the landlord fails to address it adequately within 14 days, leading to council involvement and an improvement or emergency remedial action notice.
Need Further Assistance?
If you require additional help with serving a Section 21 notice or understanding your legal obligations, contact one of our help eviction specialists on 0333 344 8230 or by email to info@evictionsupport.co.uk. More information on the section 21 process can be found in our article Section 21 Route to Possession: A Comprehensive Guide for Landlords