Section 21 of the Housing Act 1988 allows landlords to regain possession of a property at the end of an assured shorthold tenancy without needing to prove a fault on the part of the tenant. However, serving a valid Section 21 notice has become increasingly complex, with multiple prerequisites that must be met before the notice can be served.
Important: The Renters' Reform Bill proposes to abolish Section 21 notices entirely. While the Bill has not yet received Royal Assent as of September 2026, landlords should be aware that the landscape is changing. This guide covers the current requirements.
Prerequisites: What You Must Do Before Serving Section 21
A Section 21 notice is invalid unless all of the following conditions are met:
1. Deposit Protection
The tenant's deposit must be protected in a government-approved scheme (DPS, MyDeposits, or TDS) and the prescribed information must have been served on the tenant. If this was not done correctly, the notice is invalid.
2. Gas Safety Certificate
A valid, current Gas Safety Record (CP12) must have been provided to the tenant. If the most recent certificate has not been given to the tenant, you cannot serve Section 21.
3. EICR
A valid Electrical Installation Condition Report must have been provided to the tenant.
4. EPC
A valid Energy Performance Certificate must have been provided to the tenant. The property must also meet the minimum E rating.
5. How to Rent Guide
The current version of the government's "How to Rent" checklist must have been provided to the tenant at the start of the tenancy (and the latest version provided if it has been updated since).
6. No Retaliatory Eviction
Under the Deregulation Act 2015, a Section 21 notice is invalid if it is served within 6 months of a relevant complaint about the property's condition to the local authority, and the authority has served an improvement notice or emergency remedial action notice.
Serving the Notice
The notice must be served using the prescribed Form 6A. Key requirements:
- Give at least 2 months' notice
- The notice cannot expire before the end of the fixed term (if still within the fixed term)
- The notice is valid for 6 months from the date of expiry — if you do not start possession proceedings within this window, you must serve a new notice
- The notice cannot be served within the first 4 months of the original tenancy
Common Mistakes That Invalidate Section 21
- Serving notice before protecting the deposit or serving prescribed information
- Not providing the current version of the How to Rent guide
- Using an out-of-date gas safety certificate
- Serving during the first 4 months of the tenancy
- Setting the expiry date before the end of the fixed term
- Not using Form 6A
How Keyvant Helps
Keyvant tracks all the prerequisites for Section 21 in one place: gas safety, EICR, EPC expiry dates, deposit protection status, and notice dates. The compliance tracker flags expired items and the notices module helps you manage the timeline — so when you need to serve notice, you can be confident every prerequisite is met.