This checklist aims to help tenants and landlords regarding the serving of a section 21 notice and for you to be able to check if it is valid. Please note that this checklist is provided as guidance only.
The following is applicable for assured shorthold tenancy agreements that commenced on or after the 1st October 2015.
- The tenant has received:
- a gas safety certificate dated within the past 12 months (if the property has a gas supply)
- a copy of the UK Government's 'How to Rent' booklet
- an energy performance certificate (this is not applicable for a room in a House of Multiple Occupation (HMO) that has shared facilities).
- The tenant has not made a written complaint to the landlord about the condition of the property prior to receiving the Section 21 Notice.
- The tenancy isn't a House in Multiple Occupation (HMO) under a mandatory licensing scheme or the council's selective licensing scheme.
- Tenancy deposits:
- where a deposit has been taken, if this was on or after 6th April 2007, the deposit has been protected in a scheme and is still protected or has been paid back to the tenant before the Section 21 Notice was issued
- the tenant was given the prescribed information about where their deposit has been protected
- the deposit was protected in a scheme within 30 days of the landlord receiving it.
- The Section 21 Notice was served:
- after 4 months from the commencement of the tenancy
- with 2 months notice
- within the past 6 months.
- The Section 21 Notice has been issued using Form 6A or in another format significantly similar to it.
- The Council have not served an Improvement Notice or Emergency Remedial Notice concerning the property within the past 6 months.
If you're a tenant and have a valid section 21 notice, please use our Homeless Assessment and Support service.