Complete compliance checklist: The 4 legal requirements every landlord must verify before serving a Section 21 notice
In 2024, 43% of Section 21 notices were struck out before trial because landlords missed ONE requirement. The average cost? £2,500 in lost rent and court fees—and the tenant stays rent-free.
The good news: There are only 4 legal requirements to get right. This guide walks you through each one.
The Requirement: The tenant's deposit MUST be protected in an approved scheme (TDS, DPS, or MyDeposits) within 30 days of receipt.
Why It Matters: If not protected on time, the tenancy becomes legally unprotected and Section 21 becomes void. Courts reject it immediately.
Red Flag: If you protected the deposit after 30 days, Section 21 is invalid. Even 31 days fails. This is strict liability.
The Requirement: If gas appliances exist, provide a valid Gas Safety Certificate BEFORE the tenant moves in.
Why It Matters: Failure to serve a Gas Certificate makes the let ILLEGAL and voids Section 21. You also face £6,000+ fines for safety violations.
Red Flag: Certificate must be current (renewed annually). An expired certificate = illegal let.
The Requirement: The property must have an EPC rating of E or above. Since April 2020, ratings F or G = illegal let.
Why It Matters: An illegal let voids Section 21 and exposes you to penalty charges up to the full rental value for the illegal letting period.
Red Flag: Check your current EPC. If it's below E, you cannot legally serve Section 21.
The Requirement: You must serve the EXACT version of the "How to Rent" guide that was active on the tenancy start date.
Why It Matters: The guide changes regularly. Serving the wrong version = automatic Section 21 failure. Courts are extremely strict.
Guide Versions: Oct 2023 (current), Mar 2023, Dec 2020, July 2019, May 2019, July 2018, Jan 2018, Feb 2016, Oct 2015
Use our Section 21 Compliance Audit Tool to verify all requirements in 3 minutes.
Run Free AuditEven by 1 day. Even if the tenant never complained. Courts reject this every time. Strict deadline: 30 days from receipt.
A 3-year-old Gas Certificate is invalid. You need a current certificate for the year in question. This voids Section 21.
Serving a 2023 guide for a 2019 tenancy = automatic failure. The version MUST match the tenancy start date.
If the EPC is below E, or the deposit wasn't protected, or there's no Gas Certificate (when required)—the entire let is illegal and Section 21 is void.
By 2026, Section 21 will likely be abolished. Landlords will only be able to evict for: rent arrears, damage, antisocial behavior, or landlord's use of the property.
The implication: You can no longer use Section 21 as a "reset button." Your only defence is excellent tenant screening at the front door.
Section 21 is expensive, slow, and closing. The smarter play?
ProperLet forensic analysis catches fraud indicators that 80% of landlords miss: salary inflation, forged documents, identity inconsistencies, and behavioral red flags.
Run a Forensic ScanQuestions? Check our comprehensive free tools or consult a qualified solicitor for legal advice specific to your situation.
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