Section 21 Notices – What Documents Do I Need?

We are regularly instructed by landlords and letting agents to serve Section 21 Notices. If you require that service, please feel free to get in touch.  

If the most recent Tenancy Agreement commenced after 1 October 2015 when the provisions of the Deregulation Act 2015 came into force, it is likely that we will need you to answer the following questions and provide the following information so that we can determine whether a valid Section 21 Notice can be served in your case:

Section 21 Checklist:

1. A copy of the latest, and any previous Tenancy Agreements;
2. If a deposit was paid, a copy of the Tenancy Deposit Protection Certificate;
3. If a deposit was paid, a copy of the “prescribed information” and confirmation of the date it was served on the tenant;
4. Confirmation that the tenant has not made any complaints about repairs at the property which have not been resolved;
5. Confirmation that the Council has not served you with any notice to carry out repairs at the property;
6. Confirmation that there is a current, valid Energy Performance Certificate for the property, a copy has been served on the tenant and on what date (we will also need a copy);
7. Confirmation that there is a current, valid Gas Safety Certificate for the property, a copy has been served on the tenant and on what date (we will also need a copy);
8. A copy of all previous Gas Safety Certificates in respect of the current tenancy and any previous tenancies (if applicable, and including the one served when the tenant(s) moved in) and confirmation of the date each one was served;
9. Confirmation that the “How to Rent” booklet was served on the tenant, on what date, and whether this was by hard copy or e-mail;
10. Confirmation that no “prohibited payments” contrary to the Tenant Fees Act 2019 have been made by the tenant and not returned;
11. If the property requires an HMO licence or is in a selective licensing area, confirmation that the property is licensed, or that a licence has been applied for;
12. Confirmation that the tenant is not in a debt or mental health crisis “breathing space” under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis) Regulations 2020.

We realise this list may seem daunting and, in some cases, not all of the above will be required and/or may not be applicable.

How to Check a Section 21 Notice is Valid

A Section 21 Notice must be served in the prescribed form (Form 6A) and must give at least 2 months’ notice. In most cases, it cannot be served within the first 4 months of the initial tenancy and Court proceedings relying on it must be commenced within 6 months of the date it was served. If the tenancy was granted or renewed after 1 October 2015 when the Deregulation Act 2015 came into force, the tenant must have been served with a copy of a Gas Safety Certificate dated within the last 12 months (if there is a gas supply), the Government’s “How to Rent” booklet (either the current version at the start of the current tenancy, or the latest version before service of the Section 21 Notice) and a copy of the Energy Performance Certificate.

What makes a Section 21 Notice Invalid?

A Section 21 Notice will be invalid if it does not give at least 2 months’ notice; is served within the first 4 months of the initial tenancy or it was served more than 6 months before Court proceedings relying on it were started. If the tenancy was granted or renewed after 1 October 2015, a Section 21 Notice will also be invalid if the tenant has not been served with a Gas Safety Certificate dated within the last 12 months; the “How to Rent” booklet (either the current version at the start of the current tenancy or the latest version before service of the Section 21 Notice) or an Energy Performance Certificate. A Section 21 Notice may also be invalid on a number of other grounds, such as where the landlord has taken a “prohibited payment” as defined in the Tenant Fees Act 2019 and that payment has not been returned, or if the Local Authority have served a formal notice on the landlord under the Housing Act 2004 to carry out repairs.

If you are not sure whether a valid Section 21 Notice can be served in your case or you just need some general advice on your situation, please contact our Liam Kreibich on 01332 225207 or at liam.kreibich@smithpartnership.co.uk.