Your Section 21 checklist

Your Section 21 checklist

As we know, the main headline of the RRA is the abolition of section 21 notices, more widely known as ‘no fault’ evictions.

From 1 May 2026, landlords will not be able to serve a s.21 notice to regain possession. However, up until this date, s.21 notices are still valid and can be served and utilised as a route to regaining possession. However, the date by which possession proceedings must be commenced is the earlier of two applicable periods. These applicable periods are (1) 6 months from the date the notice was served or (2) 3 months from the commencement date.

It is therefore crucial that any Section 21 notice is served correctly and without delay if a landlord intends to rely on this route to regain possession. To help, we have put together a handy checklist to ensure your s.21 notice is valid and compliant.

Type of tenancy

• The tenancy is an AST
• The tenancy is not within the first 4 months of the original fixed term agreement

Deposit protection

If you took a deposit, it has been:

• Protected in a government-approved scheme withing 30 days of receipt
• The Prescribed Information was served on the tenant within the same 30 days

Required documents given to the tenant

• A valid EPC certificate has been provided to the tenant
• A valid gas safety certificate was put in place before the tenant moved in and has been provided to the tenant, along with yearly gas safety certificates thereafter
• The relevant version of the How to Rent Guide as at the date of the tenancy agreement has been provided to the tenant, along with the most recent version of the guide

Licensing requirements

• If the property is a licensable HMO or falls under a selective licensing scheme, a valid licence is in place
• Repairs
• There are no outstanding local authority improvement notices or emergency remedial works notices
• The notice is not being served in retaliation to a complaint from the tenant about disrepair

Service of the notice

• Form 6A is being used to serve notice
• The notice provides at least 2 months’ notice
• The notice is being served in line with the notice requirements agreed under the tenancy agreement

This checklist is provided for general guidance only and does not constitute legal advice. The requirements for serving a valid section 21 notice can be complex and dependent on the specific circumstances of each case. If you are unsure whether you are able to serve a valid notice, you should seek legal advice before taking any action. Get in touch with our team, who would be happy to help.