Checklist for Serving a Section 21 Notice – What You Need to Know

When considering serving notice to a tenant under section 21 of the Housing Act 1988, the following time frames need to be considered:

1. A section 21 notice cannot be served within the first four months from the day on which the tenancy began.
2. At least 2 months written notice that the landlord requires possession of the property needs to be given to the tenant (in the section 21 notice).
3. A section 21 notice will only be valid for six months from the date of the notice (four months from the expiry of the notice).
4. A section 21 notice cannot be served within 6 months of service of a Local Housing Authority notice (see below).

For a valid section 21 notice to be served, the following documents need to have been provided to the tenant at the start of the tenancy, in accordance with the Deregulation Act 2015:

1. An energy performance certificate (EPC) free of charge;
2. A gas safety certificate;
3. An up-to-date copy of ‘How to rent: the checklist for renting in England’.

Other Important Considerations:

Retaliatory Evictions

If the tenant raises any complaints regarding the condition of the property, these complaints need to be addressed adequately within 14 days before a section 21 notice is served. If the Local Housing Authority (LHA) serves a notice regarding such a complaint, then:

1. A section 21 notice served within 6 months of service of the LHA notice will be invalid;
2. A section 21 notice served in response to a tenant’s complaint, or where that complaint has been inadequately addressed, will be invalid where the LHA subsequently serves a notice.
3. The court must strike out any possession proceedings involving a section 21 notice that has become invalid by the service of an LHA notice;
4. Where an LHA notice has been served after an order for possession has been already been obtained, the order must not be set aside on the basis that an LHA notice has now been served.

Tenancy Deposit

A section 21 notice cannot be served where:

1. The tenant’s deposit has not been held in an authorised Tenancy Deposit Scheme (TDS) within 30 days of receipt of the deposit; or
2. The prescribed information in relation to the TDS has not been provided to the tenant within 30 days of receipt of the deposit.

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