Why Section 21 Notices Fail
Section 21 allows landlords to regain possession of a property without needing to prove fault. But it has strict procedural requirements, and courts take non-compliance seriously. If any precondition is not met, the judge will simply strike out the possession claim — leaving you to start from scratch.
Here are the 7 most common reasons Section 21 notices are declared invalid.
Mistake 1: Lapsed Gas Safety Certificate
Your Gas Safety Certificate (CP12) must be in date at the time you serve the notice and throughout the possession claim. If your CP12 expired even one day before you served the notice, the Section 21 is invalid.
The fix: Never let your Gas Safety Certificate lapse. LetCompliance sends reminders before expiry so this never catches you out.
Mistake 2: Deposit Not Protected (or Prescribed Information Not Served)
This is the most common cause of invalid Section 21 notices. Your tenant's deposit must be:
If either step was missed, or if the deposit was re-protected but the Prescribed Information wasn't re-served on renewal, your Section 21 is invalid.
Important: Even if you protect the deposit late, the Section 21 remains invalid for that specific tenancy period unless you first return the deposit and negotiate afresh.
Mistake 3: EPC Not Provided to Tenant
The tenant must have received a copy of a valid EPC before the tenancy started. If there's no record that you provided it, or if the EPC was expired when you provided it, the Section 21 is at risk.
The fix: Keep a signed receipt or email evidence that you provided the EPC. Store a copy in LetCompliance.
Mistake 4: EICR Not Valid or Not Provided
Since 2021, your EICR must be valid and provided to the tenant. An expired EICR or one where there's no evidence the tenant received it can invalidate your Section 21.
The fix: Ensure your EICR is within the 5-year cycle and that you have a record of providing it to the tenant.
Mistake 5: Wrong Form Used
Section 21 notices must be served on Form 6A — the prescribed government form. Using an old or unofficial form, or writing your own letter, will likely result in the notice being invalid.
Form 6A is available from GOV.UK. Always use the current version. LetCompliance generates a correctly formatted Section 21 notice pre-filled with your property and tenancy details.
Mistake 6: Served Too Early or Too Late
Also: you must give at least 2 months' notice. You cannot specify an end date that is less than 2 months from the date of service.
Mistake 7: How to Rent Guide Not Provided
The current government How to Rent guide must have been provided to the tenant at the start of the tenancy. If it wasn't, or if you provided an outdated version, your Section 21 may be invalid.
The government updates this guide periodically. Always download the current version from GOV.UK and provide it at move-in.
Pro tip: Send it by email with a read receipt, or include it as an attachment to the tenancy agreement signing — so you have clear evidence of delivery.
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LetCompliance checks all 7 preconditions before generating a Section 21 notice — so you'll never unknowingly serve an invalid notice. Get started →