Answer a few questions to check if you can legally serve a Section 21 eviction notice. Ensure compliance before starting the possession process.
Is the deposit protected in a government-approved scheme?
TDP, DPS, or MyDeposits within 30 days of receipt
Has the prescribed deposit information been given to the tenant?
Written information about which scheme holds the deposit
Has a valid Gas Safety Certificate been provided?
Must be given to tenant before move-in and annually
Has a valid EPC (rating E or above) been provided?
Energy Performance Certificate given before tenancy started
Has the "How to Rent" guide been given to the tenant?
Government guide provided at the start of tenancy
Is the tenancy periodic or has the fixed term ended?
Or there is a break clause allowing early termination
Has the tenancy been running for at least 4 months?
From the start date of the original tenancy
Has it been 6 months since reporting a serious repair issue to the council?
Retaliatory eviction protection
A Section 21 can be invalid if: the deposit is not protected in a government scheme, you have not provided the How to Rent guide, EPC, or Gas Safety Certificate, or if you have not given 2 months notice.
You can only serve a Section 21 during a fixed term if there is a break clause in the tenancy agreement. Otherwise, you must wait until the fixed term ends or it becomes periodic.
A Section 21 notice is valid for 6 months from the date of service. You must begin court proceedings within this time, or the notice expires.
The Renters Rights Bill proposes to abolish Section 21 notices. While the bill is still progressing through Parliament, landlords should prepare for a future where Section 8 grounds become the primary route for possession.
Read more about the Renters Rights Bill