When can a Landlord not use a Section 21 Notice?
Restrictions on using a Section 21 notice
Timing of the Tenancy
If it's less than four months since the tenancy began, or if the fixed term has not ended, you cannot issue a Section 21 notice. An exception to this rule is if there's a clause in the contract allowing for earlier termination.
Licensing for Houses in Multiple Occupation (HMO)
If the property is an HMO and lacks a required HMO licence from the council, a Section 21 notice is not permissible.
Deposit Protection Compliance
For tenancies that started after April 2007, landlords must place tenants’ deposits in a government-approved deposit protection scheme. Failure to do so invalidates the use of a Section 21 notice.
Council Served Improvement or Emergency Work Notices
If the council has served an improvement notice on the property or a notice for emergency works within the last six months, a Section 21 notice cannot be used.
Repayment of Unlawful Fees or Deposits
Under the Tenant Fees Act 2019, any unlawful fees or deposits charged to the tenant must be repaid before issuing a Section 21 notice.
Documents required for a valid Section 21 notice
Energy Performance Certificate (EPC)
This must be given to tenants before they rent the property.
'How to Rent' Guide
This government-issued guide must be provided to tenants.
Gas Safety Certificate
If the property has gas installed, a current gas safety certificate must be given to the tenants before they move in.
Failure to adhere to these requirements renders a Section 21 notice invalid, highlighting the importance for landlords to stay compliant with tenancy law and regulations.