Section 21 Compliance Requirements: What Landlords Must Do Before Serving Notice

Section 21 allows landlords in England to regain possession of a rental property without having to prove tenant fault. However, you cannot simply serve a Section 21 notice whenever you wish. Strict compliance requirements must be met first, and failing to meet them makes your notice invalid. This guide explains exactly what you need to do before serving a Section 21 notice.

What is Section 21?

Section 21 of the Housing Act 1988 gives landlords in England the right to regain possession of a property let on an assured shorthold tenancy (AST) without having to prove any fault on the part of the tenant. This is commonly called a "no-fault eviction" notice.

When served correctly, Section 21 requires the tenant to leave the property after a minimum notice period. If they do not leave voluntarily, you can apply to the court for a possession order, which is typically granted provided your notice was valid.

Key features of Section 21

• Applies to assured shorthold tenancies in England only (different rules apply in Wales and Scotland)
• Minimum 2 months' notice required (longer in some circumstances)
• No need to give a reason for wanting possession
• Cannot be served during the first 4 months of the tenancy (for tenancies starting from 1 October 2015)
• Valid for 6 months from the date of service (you must apply to court within this period)

Section 21 vs Section 8

Section 21 is a no-fault notice, while Section 8 is a fault-based notice requiring you to prove specific grounds such as rent arrears, breach of tenancy terms, or antisocial behaviour. Section 8 notices have different requirements and procedures.

This guide focuses specifically on Section 21 compliance.

Compliance Requirements Before Serving Section 21

For a Section 21 notice to be valid, you must have complied with several legal requirements throughout the tenancy. Missing any of these makes your notice invalid, meaning the court will not grant a possession order.

1. Gas Safety Certificate (CP12)

If your property has gas appliances, you must have a valid Gas Safety Certificate (Landlord Gas Safety Record, or CP12) and have provided a copy to the tenant.

Requirements:

• Annual gas safety check by a Gas Safe registered engineer
• Valid certificate in place at all times
• Copy provided to new tenants before they move in
• Copy provided to existing tenants within 28 days of each annual check

You cannot serve a valid Section 21 notice unless you have provided the tenant with a copy of the most recent gas safety certificate. This applies regardless of when during the tenancy you want to serve the notice.

For detailed guidance, see our article on gas safety certificates for landlords.

2. Electrical Installation Condition Report (EICR)

Since the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, landlords must have a valid EICR and provide it to tenants.

Requirements:

• EICR carried out at least every 5 years by a qualified electrician
• Report provided to new tenants before they move in
• Report provided to existing tenants within 28 days of the inspection
• Any C1 or C2 defects must be remedied within 28 days

Failing to comply with the EICR requirements prevents you from serving a valid Section 21 notice. This includes both having the report and providing it to the tenant.

For more information, see our guides on landlord electrical safety requirements and how often landlords need an EICR.

3. Energy Performance Certificate (EPC)

Your property must have a valid EPC, and it must meet the Minimum Energy Efficiency Standard (MEES) of band E or above.

Requirements:

• Valid EPC (lasts 10 years)
• Rating of E or above (unless a valid exemption is registered)
• Copy provided to the tenant before the tenancy began
• EPC must have been commissioned before marketing the property

Properties with an F or G rating cannot legally be let unless a valid exemption has been registered on the PRS Exemptions Register. You cannot serve a valid Section 21 notice on a property that does not meet MEES requirements.

4. How to Rent Guide

You must provide the tenant with the government's "How to Rent: the checklist for renting in England" guide at the start of the tenancy.

Requirements:

• Provide the current version of the guide (the government updates it periodically)
• Provide it before the tenancy begins or at the start of the tenancy
• Keep proof of delivery (email confirmation, signed receipt)

The guide can be provided electronically (email with an attachment or link) or as a hard copy. If the guide is updated during a rolling tenancy (after a fixed term expires), you should provide the updated version.

5. Deposit Protection

If you have taken a tenancy deposit, it must be protected in a government-approved scheme and you must have provided the prescribed information to the tenant.

Requirements:

• Deposit protected within 30 days of receipt
• Protected in one of the three government-approved schemes: DPS, MyDeposits, or TDS
• Prescribed information provided to the tenant within 30 days of receiving the deposit
• Both the initial prescribed information and any changes to the information

Failing to protect the deposit or provide the prescribed information within the required timeframe has serious consequences. Not only does it invalidate any Section 21 notice, but the tenant can also claim compensation of 1 to 3 times the deposit amount through the courts.

6. Smoke and Carbon Monoxide Alarms

Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, you must have:

• Smoke alarms on every storey with living accommodation
• Carbon monoxide alarms in any room with a fixed combustion appliance (excluding gas cookers)

These must be in working order at the start of each tenancy. While failure to comply does not directly invalidate a Section 21 notice (as there is no explicit statutory bar), local authorities can issue remedial notices and fines. Operating in breach of these regulations creates compliance risks and may impact your overall position.

What Invalidates a Section 21 Notice?

A Section 21 notice is invalid if any of the following apply:

Documentation failures

• No valid gas safety certificate provided to tenant
• No valid EICR provided to tenant
• No valid EPC provided to tenant
• EPC rating below E without registered exemption
• How to Rent guide not provided (or outdated version provided)
• Deposit not protected within 30 days
• Prescribed information not provided within 30 days

Timing failures

• Notice served during first 4 months of tenancy (for tenancies from 1 October 2015)
• Notice period too short (minimum 2 months, or longer if the tenancy requires)
• Notice expired before court application (more than 6 months elapsed since service)
• Notice served while a valid improvement notice or emergency works notice is in effect

Form and service failures

• Wrong form used (must use Form 6A for tenancies starting from 1 October 2015)
• Notice not properly served on all tenants
• Notice contains errors in property address or tenant names
• Notice not served in accordance with the tenancy agreement requirements

Retaliatory eviction

Since the Deregulation Act 2015, Section 21 notices are invalid if served within 6 months of the local authority serving an improvement notice or emergency remedial action notice in response to a genuine tenant complaint. This prevents landlords retaliating against tenants who complain about property conditions.

Timing Requirements

Getting the timing right is crucial for a valid Section 21 notice.

When you can serve notice

• Not during the first 4 months of the initial tenancy (for tenancies starting from 1 October 2015)
• During a fixed-term tenancy, the notice cannot expire before the end of the fixed term
• Any time during a statutory periodic tenancy (after the fixed term has ended)

Minimum notice period

The standard minimum notice period is 2 months. However, check your tenancy agreement as it may require longer notice.

During the COVID-19 pandemic, the notice period was temporarily extended to 6 months in some cases. As of 2024, the standard 2-month period has been restored.

Notice validity period

Once served, a Section 21 notice is valid for 6 months. You must apply to the court for a possession order within this window. If you do not, the notice expires and you will need to serve a new one.

Calculating the end date

For periodic tenancies, the notice must expire:

• At the end of a period of the tenancy
• On or after the date 2 months from the date of service

For example, if rent is due on the 1st of each month and you serve notice on 15 January, the earliest end date would be 31 March (the last day of a rental period that is at least 2 months after service).

Recent Changes to Section 21 Law

2015: Deregulation Act

The Deregulation Act 2015 introduced several important changes:

• Mandatory use of Form 6A for Section 21 notices
• 4-month restriction at the start of tenancies
• Protection against retaliatory eviction
• Requirement to provide the How to Rent guide
• Deposit compliance requirements tightened

2020: Electrical Safety Regulations

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 added EICR compliance as a prerequisite for valid Section 21 notices.

2022: Smoke and CO Alarm Regulations

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 extended CO alarm requirements to include gas and oil appliances, not just solid fuel.

The Future of Section 21: Renters Reform Bill

The government has committed to abolishing Section 21 evictions through the Renters Reform Bill (now the Renters' Rights Bill). When enacted, this will fundamentally change how landlords can regain possession of their properties.

What the Bill proposes

• Complete abolition of Section 21 (no-fault evictions)
• All tenancies will become periodic tenancies from day one
• Landlords will only be able to evict using revised Section 8 grounds
• New grounds added, including landlord or family member wanting to move in, and sale of property
• Stronger tenant protections against unfair eviction

When will Section 21 be abolished?

The Bill has been progressing through Parliament. The current expectation is that Section 21 will be abolished in stages, with full implementation likely in 2025 or 2026. However, dates have shifted several times.

Preparing for the change

While Section 21 remains available, landlords should:

• Ensure full compliance with all current requirements
• Build good relationships with tenants
• Keep thorough records of all compliance documentation
• Familiarise yourself with Section 8 grounds
• Consider the long-term suitability of problem tenancies

How to Ensure Section 21 Compliance

Follow this checklist before serving any Section 21 notice:

Pre-tenancy (before tenant moves in)

1. Obtain valid EPC (rating E or above)
2. Obtain valid gas safety certificate
3. Obtain valid EICR (or arrange inspection)
4. Download current How to Rent guide
5. Set up deposit protection scheme account
6. Install smoke and CO alarms

At tenancy start

1. Provide EPC to tenant
2. Provide gas safety certificate to tenant
3. Provide EICR to tenant
4. Provide How to Rent guide to tenant
5. Protect deposit within 30 days
6. Provide prescribed information within 30 days
7. Test smoke and CO alarms with tenant present
8. Keep signed receipts or email confirmations

During tenancy

1. Renew gas safety certificate annually and provide copy within 28 days
2. Renew EICR every 5 years and provide copy within 28 days
3. Provide updated How to Rent guide if revised during periodic tenancy
4. Maintain records of all documents provided

Before serving Section 21

1. Verify all compliance requirements are met
2. Check tenancy is past the 4-month restriction period
3. Check no improvement notices or remedial action notices are in effect
4. Use correct Form 6A
5. Calculate correct notice end date
6. Serve on all tenants named in the tenancy
7. Keep proof of service

Not sure if you're compliant? Use our Landlord Compliance Checker to assess your property and identify any gaps before serving notice.

Frequently Asked Questions

Related articles:

• Landlord Compliance Guide
• Gas Safety Certificate for Landlords
• Landlord Electrical Safety Requirements
• How Often Do Landlords Need an EICR?

Useful tools:

• Landlord Compliance Checker