Prescribed information: what must be given with a Section 21 notice?

For a Section 21 notice to be valid, the landlord must have provided certain documents and information to the tenant before serving it. These are called "prescribed requirements." If your landlord failed to comply with these requirements, their Section 21 notice may be invalid. We explain what these requirements are below.

What is prescribed information?

Prescribed information is the collection of documents and information that a private landlord in England must have provided to a tenant before they can serve a valid Section 21 notice. The requirements come from the Deregulation Act 2015 and regulations made under it.

A Section 21 notice is invalid if the landlord has not complied with these prescribed requirements before or at the time of serving it.

What must the landlord provide?

Energy Performance Certificate (EPC): The landlord must have provided a valid Energy Performance Certificate at the start of the tenancy. An EPC must be obtained before marketing and provided free of charge to the tenant.

Gas Safety Certificate: If the property has a gas supply, the landlord must have provided a copy of the current gas safety certificate at the start of the tenancy, and annually thereafter when it is renewed.

How to Rent guide: The landlord must have given you the current version of the government's "How to Rent" guide at the start of the tenancy. If the guide has been updated since you moved in, this generally does not need to be provided again unless a new fixed-term tenancy is agreed.

Deposit prescribed information: If a deposit was taken, it must have been protected in a government-approved scheme within 30 days, and the prescribed information about the scheme must have been given to the tenant. A Section 21 notice cannot be served if the deposit has not been properly protected.

Other conditions that must be met

Beyond the documents above, a Section 21 notice is also invalid if:

• The property is an HMO and does not have the required licence
• A selective licensing scheme applies to the property and the landlord does not have a licence
• The council has served a valid improvement notice or emergency remedial action notice within the past six months (retaliatory eviction protection)
• The tenancy is less than four months old
• The notice is not in the prescribed form (Form 6A in England)

How do I check if the notice is valid?

Work through each requirement:

1. Did you receive an EPC? Was it valid (not expired)?
2. Did you receive a gas safety certificate (if the property has gas)?
3. Did you receive the How to Rent guide at the start of the tenancy?
4. Was your deposit properly protected? Did you receive the prescribed information about the scheme?
5. Is the notice in the correct form (Form 6A)?
6. Was the correct notice period given?

If any of these is missing, the Section 21 notice may be invalid. Raise this at the possession hearing, you can ask the judge to dismiss the claim on the basis that the notice is invalid.

What if the notice is invalid?

If the Section 21 notice is invalid, the possession claim based on it will fail. The landlord would need to serve a fresh, valid notice and start the process again.

This does not mean you can stay permanently, the landlord can try again. But it may give you additional time, which can be important if you are arranging alternative accommodation or pursuing a disrepair counterclaim.

Disrepair and Section 21

The retaliatory eviction protection is relevant here. If you made a complaint about disrepair, in writing to your landlord, and then within six months the council served an improvement or emergency notice following that complaint, and your landlord served Section 21 within six months of the council's notice, the Section 21 is invalid.

This protects tenants who report disrepair from being evicted in retaliation.

When should I contact Support for Tenants?

If you have received a Section 21 notice and your home has disrepair, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Section 21, Housing Act 1988 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)
• Section 213, Housing Act 2004 (deposit protection) (legislation.gov.uk)

Related articles

• What is a Section 21 notice, is it still legal?
• Retaliatory eviction, explained
• Can I be evicted for complaining?
• Section 21 abolition, what it means
• Being evicted, what are my rights?