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Section 21 Compliance Checklist Dataset In The United Kingdom

Created:
This dataset helps readers review key Section 21 compliance requirements, making it easier to understand notice validity and tenancy obligations. It is especially useful alongside resources in AI Generated British Notice to Quit.
Relevant Stage
Jurisdiction
Risk Level
Requirement Summary
Evidence to Keep
Common Pitfalls
Tenancy deposit protected in an authorised scheme
Before tenancy begins or soon after
Before notice service
England and Wales
High
Protect any tenancy deposit in a government-authorised scheme within the statutory time limit.
Scheme certificate, deposit ID, protection receipt, tenancy agreement, payment record.
Late protection, protecting the wrong amount, or failing to re-protect after a new tenancy.
Deposit prescribed information served
Before tenancy begins or soon after
Before notice service
England and Wales
High
Give the tenant and relevant person all required deposit scheme prescribed information.
Signed prescribed information, scheme leaflet, email proof, certificate of posting.
Missing landlord details, unsigned scheme forms, or not serving a person who paid the deposit.
Deposit returned if protection rules not met
Before notice service
England and Wales
High
Return the deposit in full, or with agreed deductions, before serving notice if compliance was late or absent.
Bank transfer record, tenant written agreement to deductions, repayment confirmation.
Serving notice before cleared repayment or deducting sums without written agreement.
Use the current Form 6A
Before notice service
England
High
Serve the prescribed Section 21 notice form in the version current on the service date.
Completed Form 6A, version date, service notes, proof of service.
Using an obsolete form, altering mandatory wording, or naming the wrong tenant.
Give at least two months notice
Before notice service
England
High
Ensure the notice gives the tenant at least the statutory minimum notice period.
Date calculation, tenancy agreement, service proof, notice copy.
Counting from drafting date, ignoring deemed service, or choosing an early expiry date.
Do not serve within first four months
Before notice service
England
High
Check the notice is not served during the first four months of the original tenancy.
Original tenancy agreement, start date evidence, renewal documents.
Treating a renewal as resetting the first-tenancy date or serving too early.
Issue proceedings before notice expires
Before court proceedings
England
High
Start any possession claim within the statutory life of the Section 21 notice.
Notice service date, expiry date calculation, claim issue date.
Letting the notice become stale before issuing the claim.
Check special expiry for long periodic tenancies
Before court proceedings
England
Medium
For periods over two months, check the extended possession-claim deadline.
Tenancy period evidence, rent schedule, notice calculation.
Assuming every notice remains usable for exactly six months.
Provide the latest How To Rent guide
Before tenancy begins or soon after
Before notice service
England
High
Give the tenant the current official How To Rent guide before serving Section 21 notice.
Email with attachment or link, signed receipt, version date, service log.
Serving an old version, relying on an undated link, or not giving it to all tenants.
Provide an Energy Performance Certificate
Before tenancy begins or soon after
Before notice service
England
High
Give the tenant a valid EPC for the property before serving the notice.
EPC copy, register reference, email proof, signed inventory receipt.
No proof of service, expired EPC, or assuming an exemption without evidence.
Provide gas safety record where gas is installed
Before tenancy begins or soon after
Before notice service
England
High
Give the tenant the current gas safety record, and complete annual checks where required.
Gas safety record, engineer details, service email, postal proof, access records.
Late annual checks, no proof of pre-occupation service, or inaccessible tenant records.
Use a Gas Safe registered engineer
Ongoing requirement
England and Wales
Medium
Ensure gas checks and works are carried out by a Gas Safe registered engineer.
Engineer Gas Safe number, invoice, appointment record, certificate.
Using an unregistered contractor or failing to check appliance-specific competence.
No relevant local authority improvement notice
Before notice service
Before court proceedings
England
High
Check no improvement notice or emergency remedial action notice blocks Section 21 use.
Council correspondence, complaint records, repair logs, inspection outcomes.
Ignoring tenant repair complaints or council enforcement before serving notice.
Respond properly to written disrepair complaints
Before notice service
Ongoing requirement
England
Medium
Give an adequate written response to qualifying repair complaints within the required period.
Complaint email, response, repair schedule, contractor invoices, photos.
Serving Section 21 instead of addressing disrepair, leading to retaliatory eviction arguments.
Mandatory HMO licence in place if required
Before notice service
Ongoing requirement
England and Wales
High
Hold, or have applied for, any required mandatory HMO licence before serving notice.
Licence, application receipt, council confirmation, property occupancy records.
Miscounting occupiers, assuming joint tenants are one household, or ignoring licence conditions.
Selective licence in place if required
Before notice service
Ongoing requirement
England and Wales
High
Check whether the property is in a selective licensing area and comply before notice.
Council licence search, licence, application receipt, exemption confirmation.
Not checking borough-specific schemes or serving notice before applying.
Additional HMO licence in place if required
Before notice service
Ongoing requirement
England and Wales
High
Check local additional HMO licensing designations and comply before Section 21 notice.
Council scheme page, licence, application acknowledgement, exemption evidence.
Assuming only mandatory HMO licensing matters for Section 21.
No outstanding prohibited payment
Before notice service
England
High
Repay any prohibited payment before serving a Section 21 notice.
Fee ledger, repayment receipt, bank statements, tenant correspondence.
Charging check-out fees, admin fees, or unlawful renewal fees and not refunding them.
Resolve unlawful holding deposit issue
Before notice service
England
High
Repay or lawfully apply any holding deposit before relying on Section 21.
Holding deposit receipt, tenancy account, refund proof, written tenant consent.
Retaining a holding deposit without statutory grounds or tenant consent.
Tenancy deposit does not exceed statutory cap
Before tenancy begins or soon after
Before notice service
England
Medium
Check any tenancy deposit is within the five-week or six-week statutory cap.
Rent calculation, deposit receipt, repayment record for any excess.
Keeping excess deposit after rent changes or failing to refund legacy excess.
Holding deposit does not exceed one week rent
Before tenancy begins or soon after
England
Medium
Take no more than one week rent as a holding deposit.
Advertised rent, holding deposit receipt, calculation note.
Calculating weekly rent incorrectly or taking multiple holding deposits for one property.
Tenancy is an assured shorthold tenancy
Before notice service
Before court proceedings
England
High
Confirm Section 21 applies because the tenancy is an AST in England.
Tenancy agreement, occupation facts, rent amount, landlord residence evidence.
Using Section 21 for lodgers, licences, company lets, or non-AST tenancies.
Property is tenant main or only home
Before notice service
Before court proceedings
England
Medium
Verify the occupier lives at the property as their only or principal home.
Tenant correspondence, council tax records, inspection notes, occupation evidence.
Serving Section 21 where the property is a second home or holiday let.
Landlord does not occupy same dwelling as resident landlord
Before notice service
England
Medium
Check the occupier is not an excluded occupier or lodger outside Section 21.
Property layout, landlord residence records, licence or tenancy agreement.
Using Section 21 for a lodger when different notice rules apply.
Rent is within assured tenancy limits
Before notice service
England
Medium
Confirm rent does not exceed the statutory assured tenancy maximum.
Tenancy agreement, rent ledger, annual rent calculation.
Using Section 21 for very high rent tenancies outside the Housing Act 1988.
Rent is not below assured tenancy minimum
Before notice service
England
Low
Check the tenancy is not excluded because rent is too low.
Rent ledger, tenancy agreement, valuation or payment records.
Assuming a nominal rent arrangement is an AST.
Letting is not a business tenancy
Before notice service
England and Wales
Medium
Confirm the property is let as a residential AST, not a business tenancy.
Tenancy agreement, use clauses, company records, occupation evidence.
Using Section 21 against a company tenant or mixed business occupier.
No protected agricultural occupancy exclusion
Before notice service
England and Wales
Low
Check the tenancy is not excluded by agricultural worker or tied accommodation rules.
Employment contract, tenancy agreement, job role records, property history.
Ignoring employment-linked occupation rights.
Notice does not require possession before fixed term ends
Before notice service
Before court proceedings
England
High
Do not seek possession before the fixed term ends unless the tenancy permits it.
Tenancy agreement, fixed term dates, break clause, notice calculation.
Choosing an expiry date inside the fixed term without an effective break clause.
Comply with any contractual break clause
Before notice service
England
Medium
If relying on a break clause, meet its timing, form, and service conditions.
Tenancy agreement, break notice, service proof, date calculation.
Assuming Form 6A alone satisfies a separate contractual break clause.
Correct landlord named on notice
Before notice service
England
Medium
Use the correct legal landlord name and address on the notice and claim.
Land Registry title, tenancy agreement, company register, management authority.
Naming an agent, previous landlord, trading name, or misspelled company.
All tenants correctly named and served
Before notice service
England
High
Name and serve every tenant under the AST.
Signed tenancy agreement, ID records, notices served, service log.
Omitting a joint tenant, using nicknames, or serving only the lead tenant.
Correct property address stated
Before notice service
England
Medium
State the let property address accurately and consistently.
Tenancy agreement, postal address, Land Registry title, council tax record.
Wrong flat number, incomplete building name, or mismatch with the tenancy agreement.
Serve notice by a permitted method
Before notice service
England
High
Use a service method allowed by the tenancy agreement or general service rules.
Service clause, postal receipt, certificate of posting, witness statement, email logs.
Serving by email without consent or using recorded delivery that is refused.
Allow time for deemed service
Before notice service
Before court proceedings
England
High
Calculate the notice period from actual or deemed service, not from drafting.
Posting date, delivery estimate, tenancy service clause, calculation note.
Giving exactly two months from the notice date when postal service occurs later.
Agent has authority to serve notice
Before notice service
England
Low
Ensure any agent serving the notice is authorised by the landlord.
Management agreement, written authority, landlord instruction, service report.
Letting a former agent or unauthorised person serve important notices.
Landlord address for service provided
Before tenancy begins or soon after
Ongoing requirement
England and Wales
Low
Give the tenant an address in England or Wales for service of notices on the landlord.
Tenancy agreement, Section 48 notice, email or postal proof.
Using only an overseas address or failing to update address details.
Landlord identity disclosed on request
Ongoing requirement
England and Wales
Low
Provide landlord name and address within the statutory period if the tenant requests it.
Tenant request, written response, delivery evidence.
Agents ignoring written requests for landlord details.
Rent book provided for weekly rent
Before tenancy begins or soon after
Ongoing requirement
England and Wales
Low
Provide a rent book or equivalent where rent is payable weekly.
Rent book copy, issue receipt, rent account.
Weekly rent arrangements without written rent records.
Smoke alarms installed on each storey
Before tenancy begins or soon after
Ongoing requirement
England
Low
Install required smoke alarms and ensure they work at the start of each tenancy.
Inventory, alarm test record, dated photos, contractor invoice.
No start-date test record or missing alarms on upper floors.
Carbon monoxide alarms fitted where required
Before tenancy begins or soon after
Ongoing requirement
England
Low
Install carbon monoxide alarms in rooms with fixed combustion appliances, where required.
Inventory, alarm test record, appliance list, dated photos.
Assuming gas safety compliance alone covers carbon monoxide alarm duties.
Electrical safety inspection completed
Before tenancy begins or soon after
Ongoing requirement
England
Low
Obtain required electrical installation inspection reports and provide them when required.
EICR, remedial works invoices, tenant service proof, electrician details.
Expired EICR, unresolved C1 or C2 defects, or no proof tenant received the report.
Minimum EPC rating or valid MEES exemption
Before tenancy begins or soon after
Ongoing requirement
England and Wales
Medium
Ensure the property meets minimum energy efficiency rules or has a registered exemption.
EPC, improvement invoices, exemption register entry, funding evidence.
Letting an F or G rated property without a valid registered exemption.
Property free from serious housing hazards
Ongoing requirement
Before notice service
England and Wales
Medium
Address serious hazards that could prompt council enforcement and block possession.
Inspection reports, repair logs, photos, contractor invoices, council correspondence.
Ignoring damp, mould, excess cold, fire, or structural hazards before serving notice.
Property fit for human habitation
Ongoing requirement
England
Medium
Maintain the property so it is fit for human habitation throughout the tenancy.
Condition reports, repair communications, contractor invoices, photos.
Letting serious defects continue and inviting counterclaims in possession proceedings.
Right to rent checks completed
Before tenancy begins or soon after
Ongoing requirement
England
Low
Complete and retain right to rent checks for adult occupiers where required.
Check records, share code result, document copies, follow-up diary.
No follow-up check for time-limited rights or discriminatory checking practices.
No unresolved rent repayment order exposure
Before notice service
Before court proceedings
England
Medium
Check licensing or unlawful eviction issues that may trigger tenant counterclaims or delays.
Licences, applications, compliance notes, council correspondence, rent ledger.
Proceeding despite clear licensing breaches that strengthen tenant opposition.
No unlawful eviction or harassment conduct
Ongoing requirement
Before court proceedings
England and Wales
High
Do not change locks, remove belongings, cut services, or pressure the tenant to leave unlawfully.
Communication logs, access notices, court order, bailiff appointment, witness notes.
Treating Section 21 expiry as authority to evict without a possession order and bailiff.
Apply to court if tenant does not leave
Before court proceedings
England
High
Use the court possession process if the tenant remains after notice expiry.
Notice, proof of service, compliance bundle, claim form, rent statement.
Self-help eviction or filing without a complete compliance evidence pack.
Accelerated possession papers complete
Before court proceedings
England
Medium
Prepare the claim with tenancy, notice, deposit, EPC, gas, and How To Rent evidence.
N5B claim, tenancy documents, compliance certificates, proof of service.
Incomplete N5B answers or missing exhibits causing directions or dismissal.
Written tenancy agreement available for accelerated claim
Before court proceedings
England
Medium
Keep the signed written AST if using the accelerated possession process.
Signed AST, renewal agreements, guarantor documents, variation records.
Relying on accelerated possession where there is no written tenancy agreement.
Do not claim rent arrears in accelerated possession claim
Before court proceedings
England
Low
Use the accelerated route for possession only, not for a rent arrears money judgment.
Claim form, rent ledger, separate arrears correspondence if needed.
Trying to combine accelerated possession with an arrears judgment request.
Court claim issued correctly
Before court proceedings
England
Medium
File in the correct court with correct forms, fee, parties, and evidence.
Filed claim, fee receipt, court confirmation, bundle index.
Wrong court, incorrect parties, unsigned statements of truth, or missing fee.
Use authorised enforcement after possession order
Before court proceedings
England
High
If the tenant remains, use county court bailiffs or authorised High Court enforcement.
Possession order, warrant, bailiff notice, enforcement correspondence.
Changing locks immediately after the order without bailiff enforcement.
Check Welsh occupation contract rules instead of Section 21
Before notice service
Wales
High
For Welsh homes, check Renting Homes rules because Section 21 has been replaced for occupation contracts.
Occupation contract, Welsh notice, service proof, contract-holder documents.
Using English Form 6A for a Welsh occupation contract.
Comply with Welsh six-month no-fault notice rules
Before notice service
Wales
High
Where Welsh no-fault possession is available, check the required notice period and statutory restrictions.
Welsh notice form, occupation contract, service proof, date calculation.
Assuming the English two-month Section 21 period applies in Wales.
Written statement of occupation contract provided in Wales
Before tenancy begins or soon after
Before notice service
Wales
Medium
Provide the contract-holder with the required written statement of the occupation contract.
Written statement, issue date, email proof, signed receipt.
Not issuing a written statement after conversion or after a new Welsh letting starts.
Welsh deposit protection and information compliance
Before tenancy begins or soon after
Before notice service
Wales
High
Protect deposits and give required information under the Welsh renting homes regime.
Scheme certificate, required information, service proof, repayment evidence if needed.
Assuming English Section 21 deposit fixes are the only relevant rules in Wales.
Rent Smart Wales registration and licence
Before tenancy begins or soon after
Ongoing requirement
Before notice service
Wales
High
Ensure landlord registration and any landlord or agent licence is in place for Welsh rented property.
Registration number, licence, agent appointment, training records.
Serving possession notices while unregistered or unlicensed in Wales.
Welsh fitness for human habitation duties met
Before tenancy begins or soon after
Ongoing requirement
Wales
Medium
Meet Welsh fitness rules, including prescribed safety requirements, throughout the occupation contract.
Condition reports, electrical report, smoke alarm records, CO alarm records, repair logs.
Failing Welsh fitness duties before trying to recover possession.
Avoid conflicting or withdrawn notices
Before court proceedings
England
Low
Keep a clear record if serving a replacement notice or withdrawing an earlier notice.
All notices, withdrawal emails, chronology, service proof.
Relying on the wrong notice in the claim or confusing expiry dates.
Review compliance after renewal or replacement tenancy
Before tenancy begins or soon after
Before notice service
England
Medium
Check whether documents, deposit information, or notices need updating after renewal.
Renewal agreement, updated prescribed information, guide versions, service proof.
Assuming original paperwork always covers a materially changed replacement tenancy.
Compliance reviewed after change of landlord
Before notice service
Ongoing requirement
England
Medium
On purchase or transfer, check deposit, prescribed information, landlord address, and notice evidence.
Purchase completion records, assignment, deposit transfer, new landlord notices.
Serving notice without evidence that inherited deposit obligations are compliant.
Compliance documents served on each joint tenant
Before tenancy begins or soon after
Before notice service
England
Medium
Serve required documents on all joint tenants, not only one occupier.
Email delivery to each tenant, signed receipts, postal proofs.
Keeping proof only for a lead tenant or guarantor.
Email service authorised where used
Before notice service
England
Medium
Confirm the tenancy or tenant consent allows notice service by email before using it.
Email service clause, tenant consent, sent email, delivery/read receipt.
Emailing Form 6A without a contractual or express basis for email service.
Rent period and expiry dates checked
Before notice service
England
Low
Check rent period dates, even though modern Section 21 no longer usually needs period-end expiry.
Rent schedule, tenancy agreement, payment history, date calculation.
Confusing old Section 21 period-end rules with current prescribed form practice.
Licensing exemption evidenced if relied on
Before notice service
Before court proceedings
England and Wales
Medium
If claiming no property licence is required, keep evidence of exemption or council confirmation.
Council email, public register screenshot, exemption notice, occupancy records.
Relying on informal assumptions about licensing boundaries or household numbers.
Temporary exemption notice obtained where applicable
Before notice service
Ongoing requirement
England and Wales
Medium
Where licensing is ending or being avoided lawfully, obtain any temporary exemption notice needed.
Temporary exemption notice, application, council correspondence, expiry diary.
Assuming intention to reduce occupation removes the licensing restriction immediately.
Property licence application duly made
Before notice service
England and Wales
High
If no licence has been granted yet, confirm a valid application has been made before notice.
Application receipt, fee payment, council acknowledgement, application copy.
Submitting an incomplete licence application after serving Section 21.
Relevant person given deposit information
Before tenancy begins or soon after
Before notice service
England and Wales
High
Serve prescribed information on any third party who paid the deposit for the tenant.
Payment source record, third-party contact details, service proof, signed receipt.
Serving only the tenant when a parent or employer paid the deposit.
Deposit penalty risk assessed
Before court proceedings
England and Wales
Medium
Assess whether historic deposit breaches may create tenant counterclaims or settlement issues.
Deposit chronology, scheme records, prescribed information, repayment records.
Fixing Section 21 validity but ignoring financial counterclaim exposure.
Deposit compliance checked on statutory periodic tenancy
Before notice service
England and Wales
Medium
Check whether deposit compliance carries over when the fixed term becomes statutory periodic.
Original AST, scheme protection, prescribed information, periodic start date.
Re-serving unnecessarily or failing to re-serve after material landlord, tenant, or scheme changes.
How To Rent guide updated when required
Before notice service
England
Medium
Check whether a newer guide must be served before Section 21 notice.
Guide version served, publication date, email or signed receipt.
Serving the guide at tenancy start but not checking the current version before notice.
EPC exemption evidenced if no EPC
Before notice service
England
Medium
If no EPC was provided, confirm a genuine EPC exemption applies and is evidenced.
Exemption analysis, property evidence, register evidence, professional advice.
Assuming listed buildings are always exempt without checking the rules.
No gas installation evidence if gas record absent
Before notice service
England
Medium
If no gas safety record exists, keep evidence that no relevant gas appliance or flue is present.
Inventory, utility records, survey, photos, contractor confirmation.
Failing to evidence why no gas safety record was required.
Reasonable steps recorded for gas access refusal
Ongoing requirement
Before court proceedings
England and Wales
Medium
Record repeated reasonable attempts if the tenant prevents gas safety access.
Appointment letters, texts, engineer no-access notes, tenant replies.
Letting annual gas compliance lapse without documenting access attempts.
Dates consistent across notice and evidence bundle
Before court proceedings
England
Medium
Check all dates, names, addresses, and exhibits match before issuing proceedings.
Chronology, bundle index, checked claim form, corrected exhibit list.
Mismatched service dates, wrong tenancy start date, or inconsistent deposit figures.
Serve at the correct tenant address
Before notice service
England
Medium
Serve the notice at the let property or another address allowed for service.
Tenancy service clause, envelope, postal proof, hand delivery witness note.
Serving at a forwarding address only without checking the tenancy service provisions.
Hand delivery witnessed or recorded
Before notice service
England
Medium
If hand delivering, record the date, time, address, and person delivering.
Certificate of service, witness statement, timestamped photo, delivery note.
No independent proof when the tenant denies receiving the notice.
Postal service evidenced by certificate of posting
Before notice service
England
Medium
Use reliable postal evidence, usually certificate of posting, and allow deemed service time.
Certificate of posting, envelope copy, notice copy, deemed service calculation.
Relying solely on signed-for post that the tenant can refuse or miss.
Check succession or estate issues
Before notice service
Before court proceedings
England
Low
If a tenant has died, identify the correct tenant, successor, or estate before notice.
Death certificate, probate records, succession evidence, correspondence.
Serving notice on a deceased tenant or ignoring a statutory successor.
Landlord authority checked after insolvency or receivership
Before notice service
Before court proceedings
England
Low
If receivers, trustees, or administrators are involved, confirm who can serve and sue.
Appointment documents, lender authority, Companies House filings, court order.
Possession claim issued by a party without legal standing.
Avoid discriminatory eviction decision or process
Before notice service
Before court proceedings
England and Wales
Medium
Check the decision and process do not unlawfully discriminate, especially where disability is involved.
Decision notes, communications, reasonable adjustment records, alternative options considered.
Proceeding without considering disability-related issues raised by the tenant.
Public law decision-making checked for public landlords
Before notice service
Before court proceedings
England
Low
Public sector landlords should record lawful, rational, and proportionate reasons for possession.
Decision record, policy compliance note, proportionality assessment.
Treating mandatory possession as immune from public law or human rights challenges.
Check current law before generating notice
Before notice service
England
Medium
Verify Section 21 remains available and the prescribed form has not changed before service.
Form download date, legal update note, source screenshot if needed.
Using old assumptions during reform periods or after prescribed form changes.

What Should A Landlord Check Before Serving A Section 21 Notice?

For an assured shorthold tenancy in England, the highest-risk checks are usually deposit protection, service of the deposit prescribed information, the current How To Rent guide, a valid gas safety record where gas is installed, an EPC, correct notice form, minimum notice period, and the four-month rule. A defect in one of these areas can make possession proceedings fail or require the landlord to serve a fresh notice.

Which Section 21 Rules Differ Between England And Wales?

Section 21 has been abolished for most new occupation contracts in Wales under the Renting Homes (Wales) Act 2016 regime, so landlords in Wales must normally check the Welsh notice and possession rules instead. The familiar English Form 6A, How To Rent guide, retaliatory eviction restrictions, and Deregulation Act restrictions are England-focused requirements.

Why Is Evidence Of Service So Important?

Many disputes turn on whether the tenant actually received the notice or compliance documents. Landlords should keep dated copies, postal receipts, certificates of posting, email delivery records where email service is allowed, tenancy clauses authorising the service method, and a clear service chronology.

What Problems Commonly Delay Section 21 Possession Claims?

  • Serving notice before the deposit is protected or before prescribed information is given.
  • Using an out-of-date Form 6A or giving too short a notice period.
  • Failing to prove the EPC, gas safety record, or How To Rent guide was given before notice.
  • Trying to use section 21 while a prohibited fee or holding deposit breach remains unremedied.
  • Relying on a notice that expired before court proceedings were issued.
Section 21 Compliance Checklist Dataset
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FAQs

It is a structured reference list of key requirements landlords commonly check before serving a Section 21 notice in England, including tenancy, deposit, licensing and document-service conditions.
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References and Information Sources