Section 21 was abolished by the Renters' Rights Act on 1 May 2026, so no new Section 21 notice can be served. But a notice served before that date can still
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Section 21 was abolished by the Renters' Rights Act on 1 May 2026, so no new Section 21 notice can be served. But a notice served before that date can still reach court. For such a notice to be valid, the landlord must have given the tenant certain documents before serving it: the "prescribed requirements". If your landlord missed any of them, the notice may be invalid. Here is the checklist.
What is prescribed information?
Prescribed information is the set of documents a private landlord in England had to give a tenant before serving a valid Section 21 notice. The requirements come from the Deregulation Act 2015 and its regulations.
A Section 21 notice is invalid if the landlord had not met these requirements by the time it was served.
What must the landlord provide?
Energy Performance Certificate (EPC): a valid EPC, provided at the start of the tenancy, free of charge.
Gas Safety Certificate: if the property has gas, a copy of the current certificate at the start of the tenancy, and each year when renewed.
How to Rent guide: the current version of the government's "How to Rent" guide at the start of the tenancy. Later updates generally did not need re-serving unless a new fixed term was agreed.
Deposit prescribed information: any deposit protected in a government-approved scheme within 30 days, with the scheme's prescribed information given to the tenant. An unprotected deposit blocked Section 21 entirely.
Other conditions that must be met
Beyond the documents, a Section 21 notice is also invalid if:
- The property is an HMO without the required licence
- A selective licensing scheme applies and the landlord has no licence
- The council served a valid improvement notice or emergency remedial action notice in the six months before (retaliatory eviction protection)
- The tenancy was less than four months old when the notice was served
- 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:
- Did you receive an EPC? Was it valid (not expired)?
- Did you receive a gas safety certificate (if the property has gas)?
- Did you receive the How to Rent guide at the start of the tenancy?
- Was your deposit properly protected? Did you receive the prescribed information about the scheme?
- Is the notice in the correct form (Form 6A)?
- Was the correct notice period given?
If any of these is missing, the notice may be invalid. Raise it at the possession hearing and ask the judge to dismiss the claim.
What if the notice is invalid?
If the notice is invalid, the possession claim built on it fails. And because Section 21 is now abolished, the landlord cannot serve a fresh one: any new attempt must use a Section 8 ground instead.
That does not mean you can stay forever: a landlord with a valid ground can still seek possession. But it buys real time, which matters if you are arranging somewhere else to live or pursuing a disrepair counterclaim.
Disrepair and Section 21
The retaliatory eviction protection matters here. Did you complain about disrepair in writing, the council then served an improvement or emergency notice, and the landlord served Section 21 within six months of the council's notice? Then the Section 21 is invalid.
The rule protects tenants who report disrepair from being evicted for it.
When should I contact Support for Tenants?
Received a pre-abolition Section 21 notice while 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, not your pocket. 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?
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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