Section 21 Notice

Section 21 Notice

Historically a straight forward no-nonsense notice. But recent legislative changes have created much confusion and many hurdles.

You cannot use a Section 21 notice if any of the following apply:

  • it’s less than 6 months since the tenancy started;
  • the fixed term has not ended, unless there’s a clause in the contract which allows you to do this (minimum 6 months must have passed);
  • the property is categorised as a house in multiple occupation (HMO) and does not have an HMO licence from the council;
  • the council has served an improvement notice on the property in the last 6 months;
  • the council has served a notice in the last 6 months that says it will do emergency works on the property;
  • the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme;
  • you do not have a landlord licence – [if you live in Wales].

In addition to the above, you cannot use a Section 21 notice if you have not given the tenants copies of:

  • (i) the property’s Energy Performance Certificate
  • (ii) a current gas safety record for the property (prior to signing the agreement)
  • (iii) the Government’s ‘How to Rent’ Guide (up to date version)
  • (iv) full Deposit Prescribed Information


Call or email us if you wish us to serve a Section 21 notice on your tenant, or if you wish to use our document checking service.


If you have been served with a Section 21 Notice Seeking Possession, call or email us for advice.

Note this is not a legal aid service. A nominal but reasonable checking fee is payable.

Contact Landlord Litigation for a Same Day Response

01622 438 551
07715 532679


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