Challenge to Invalid Section 21 Notice
Formal letter to a landlord challenging the validity of a Section 21 'no-fault' eviction notice on procedural or legal grounds.
When to use this template
Use this letter when you have received a Section 21 notice and you have grounds to believe it is invalid — for example, because the landlord failed to protect your deposit, did not serve the prescribed information, failed to provide a gas safety certificate or EPC before the tenancy began, or did not provide the 'How to Rent' guide. A valid challenge can render the notice void and prevent eviction.
When NOT to use this template
Do not use this letter if the Section 21 notice appears valid on its face and you have no substantive grounds to challenge it — a weak challenge may irritate the court without delaying proceedings. If you are in rent arrears and the landlord is using Section 8 rather than Section 21, use a separate response. Seek urgent legal advice if a court date has been set.
Legal Basis
Housing Act 1988, s.21 (as amended by Deregulation Act 2015); Housing Act 2004, ss.213–215 (tenancy deposit protection); Gas Safety (Installation and Use) Regulations 1998; Energy Performance of Buildings Regulations 2012; 'How to Rent' guide (MHCLG). A s.21 notice is invalid if served within four months of the tenancy start date, if prescribed requirements have not been met, or if the property is in a selective licensing area without a licence.
Common Mistakes to Avoid
- ✗Not checking whether the deposit was protected within 30 days of receipt — this is the most common invalidity ground
- ✗Ignoring a notice without formally challenging it in writing
- ✗Not keeping a copy of this letter in case court proceedings follow
- ✗Assuming the notice is valid because it is on the official Form 6A — the prescribed information obligations are separate
Build Your Letter
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Letter preview
[YOUR FULL NAME (TENANT)] [RENTAL PROPERTY ADDRESS] [DATE OF LETTER] [LANDLORD'S FULL NAME OR COMPANY NAME] --- Dear [LANDLORD'S FULL NAME OR COMPANY NAME], **FORMAL CHALLENGE TO SECTION 21 NOTICE SERVED ON [DATE THE SECTION 21 NOTICE WAS SERVED ON YOU]** **Property: [RENTAL PROPERTY ADDRESS]** I write in response to the Section 21 notice you served on me on [DATE THE SECTION 21 NOTICE WAS SERVED ON YOU] in respect of the above property. I do not accept that this notice is valid, and I set out my grounds for that challenge below. **Grounds of invalidity** [SPECIFIC GROUNDS ON WHICH YOU CHALLENGE THE NOTICE] **Legal basis** A Section 21 notice cannot be relied upon where the procedural requirements of the Housing Act 1988 (as amended by the Deregulation Act 2015) have not been met. These requirements include, but are not limited to: 1. Protection of the tenancy deposit in a government-approved scheme and service of the prescribed information within 30 days of receipt, pursuant to Housing Act 2004, ss.213–215 and the Tenancy Deposit Schemes (Prescribed Information) Order 2012. 2. Provision of a valid gas safety certificate before the tenancy commenced, pursuant to the Gas Safety (Installation and Use) Regulations 1998. 3. Provision of a valid Energy Performance Certificate before the tenancy commenced, pursuant to the Energy Performance of Buildings (England and Wales) Regulations 2012. 4. Provision of the current edition of the 'How to Rent' guide at the start of, and during, the tenancy. Where any of these requirements has not been met, the Section 21 notice is invalid and cannot be relied upon as the basis for possession proceedings. **My position** I do not intend to vacate the property on the basis of this notice. Should you commence possession proceedings in the County Court, I will raise these invalidity grounds as a defence. I invite you to confirm within 14 days whether you accept that the notice is invalid and will not be pursuing possession proceedings on this basis. Yours faithfully, [YOUR FULL NAME (TENANT)]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.