We have created an easy to use tool for serving a section 21 notice which can be found here . This document is intended to provide guidance on the requirements for serving the notice as set out in the tick boxes in our section 21 tool.
When can the notice be sent?
The notice cannot be sent within the first four months of the tenancy. If the tenancy is a renewal tenancy where the Landlord, tenants and premises remain the same then the four months will count from the start of the initial tenancy.
What date can you give to end the tenancy?
The S21 notice can only end on or after the end of the fixed term, unless there is a break clause, in which case it can end after the break clause comes into effect. Care must however be taken to comply with any other requirements as stated in the break clause.
How much notice must you give the tenant in the S21 notice?
You must give the tenant at least 2 months notice. You should also be careful to add at least a few extra days as if you also send the notice by first class post then the notice will not legally be received until the second business day after it was sent.
If your rent is paid in quarterly, six monthly, or yearly intervals and the tenancy began as a periodic tenancy rather than becoming periodic after the end of the fixed term then the notice period may need to match the rental intervals. If this is the case then you should seek independent legal advice before serving the S21 notice.
Have you complied with any licensing requirements?
The section 21 notice will be invalid if you have not compiled with any licensing requirements that apply to the property. This will only apply to your property if it requires an HMO licence or Selective licence. Please see this help centre article for more information
Have you taken any fees from the tenant in breach of the Tenant Fees Act?
The requirement is for you not to have taken any fees from the tenant in breach of the Tenant Fees Act 2019. If you did take any fees in breach of the legislation then you must return these to the tenant before serving the S21 notice.
If your tenancy was set up using Rent Now and you did not take any further payments from the Tenant then you will not have taken any fees in breach of the legislation. Please see this blog article for more information here
Have you served the tenant with a valid EPC and gas safety certificate?
The Section 21 notice will be invalid unless the tenants have been provided with a valid EPC and the gas safety certificate that was valid at the start of the tenancy. You must also have a current gas safety certificate if it is required. If a gas safety certificate or EPC is not required for the property then this requirement does not apply.
If you did not provide the tenants with a gas safety certificate at the start of the tenancy then you can remedy this by sending it to them prior to issuing the Section 21 notice. It must however be the gas safety certificate that was valid at the start of the tenancy.
Have you protected the deposit within 30 days of receiving it and served the tenant with the prescribed information with regard to the deposit?
If you did not register the deposit with a government-approved tenancy deposit scheme then the S21 notice will not be valid. The S21 notice will also not be valid if you did not provide the tenant with the tenancy deposit scheme information known as “prescribed information”. If your tenancy was set up using Rent Now then we will have taken care of this for you.
Have you provided the tenant with a copy of the How to Rent Guide at the start of the tenancy?
The Section 21 notice will be invalid where the tenant was not provided with an up-to -date copy of the governments How To Rent Guide at the start of the tenancy.
If there is a renewal tenancy that includes new tenants then an up-to-date How to Rent guide must have been sent to the tenants at the start of the renewal. If the How to Rent Guide has been updated then it must be sent at the start of any renewal or periodic tenancy that begins at the end of the fixed term even if the tenants and property remain the same. If your tenancy was set up with Rent Now then we will have taken care of this for you.
Have you received an improvement notice or emergency remedial notice from the local authority?
These are notices that the Local authority may issue after investigating repairs issues in the property. If you have received one of these notices within the past 6 months then the S21 notice will not be valid. You should also make sure that you have responded adequately to any tenant complaints with regard to repairs as the section 21 notice may be invalidated if you later receive improvement notice or emergency remedial notice and it is shown that you did not respond adequately to the earlier complaints.