How to check if a section 21 notice is a valid one.

Ask Tenants blog

How to check if a section 21 notice is a valid one.
The blog will give a quick introduction of Section 21 notice. It will then focus on, how a tenant can check if its a valid one.
Section 21 notice is also known as ‘notice to quit’ served by a landlord to a tenant. If the tenant does not leave by the expiry date on the Section 21 notice the landlord will apply to the court for a possession order. The court will have no choice but to grant the possession order. After the court has issued the tenant with the notice to leave, if tenants have still not left within the required period, then a landlord can ask county court bailiffs to evict the tenant.

You can stop/delay a section 21 eviction, if the notice your landlord gives you is invalid. The landlord cannot proceed with the eviction if the notice is invalid and must serve another one. The new notice will restart the timer, giving the tenant more time.

We will now  focus on how to check if Section 21 notice received is a valid one. The blog only covers tenancies started or renewed after 1st October 2015

In order for section 21 notice to be valid, a tenant can do following checks:

Check the form and dates:

  1. Landlord must wait for at least 4 months after the start of original tenancy.
  2. Should use form 6A.
  3. Must give at least 2 months’ notice.
  4. Must get the dates and your correspondence address right.

Check if your Landlord gave you right documents about the property:

Section 21 notice is invalid if it is served before your landlord gives you:

  1. A valid Energy performance certificate for your rental property.
  2. Copy of your home’s current Gas Safety Certificate.
  3. Latest version of the leaflet: ‘How to rent: The checklist for renting in England

Find out if your Deposit is protected:

Section 21 notice is invalid if:

  1. Your deposit was not protected in Government approved scheme or it was protected 30 days after you paid it.
  2. You did not receive required information about tenancy deposit protection scheme used.

Find out if council has ordered your landlord do the repairs:

Section 21 notice may be invalid if you complained to your landlord in writing to undertake necessary repairs relating to the condition of your property. You followed it up with a written complaint to your council. Council then served an ‘improvement notice’ or an ‘emergency works notice’ to your Landlord to carry out necessary repairs.

A landlord cannot serve a section 21 notice within 6 months of receiving this notice. Eviction after your complaint about repairs or poor housing conditions is called revenge eviction

This provision is only available for tenancies started or renewed after 1st October 2015 with the aim of preventing revenge evictions. Only tenants who follow the process listed above benefit from this law.

Find out if your Landlord needs a license to be a Landlord:

Many landlords renting out houses of multiple occupation, such as bedsits, B&B, large houses need license. Some councils need all private landlords to be licensed.

Your council will be able to tell you if your landlord needs license to rent a property and if they have one. A landlord who does not have license cannot serve a valid section 21 notice.

Hope this blog somewhat improved your understanding about Section 21 eviction notice.

Lastly, we will appreciate if you can rate your rental property and landlord on Your review will help future tenants learn from your experience and help us research into issues faced by tenants.

July 2, 2018 / by Mike Scott

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