Section 21 Validity Checker
A multi-step checklist to assess whether a Section 21 notice served under the Housing Act 1988 is legally valid, covering deposit protection, prescribed documents, Form 6A, notice period, and retaliatory eviction.
Eligibility / route checker โ indicative result
This tool gives an indicative direction based on the information you provide. It is not a determination of your legal position. Many factors (evidence, jurisdiction, deadlines) can change the outcome. Always confirm with a regulated adviser before relying on this result.
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When to use this tool
Use immediately upon receiving a Section 21 notice. There are numerous grounds on which a Section 21 notice can be rendered invalid โ including failure to protect the deposit, not providing the gas safety certificate before the tenancy began, failure to provide the How to Rent guide or EPC, incorrect form, or service in retaliation to a repair complaint. Invalidity must be raised at the possession hearing.
Section 21 Validity Checker
Legal basis
- Housing Act 1988 s.21 โ the statutory basis for no-fault possession of ASTs.
- Housing Act 1988 s.215 โ bar on s.21 notice where deposit protection requirements not met.
- Deregulation Act 2015 ss.33โ41 โ prescribed requirements (gas safety, EPC, How to Rent, Form 6A) and retaliatory eviction bar.
- Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 โ Form 6A requirement.
- Trecarrell House Ltd v Rouncefield [2021] EWCA Civ 1301 โ gas safety certificate must be provided before the tenant takes occupation.