Serving Section 21 Before the Deadline? Make Sure It’s Valid First

With the Renters Rights Act ending Section 21 possession notices from 1 May 2026, many landlords are now considering issuing notices ahead of the deadline — either to sell, exit the market, or remove tenants who may later become much harder to evict.

But there’s a critical risk:

👉 If your Section 21 notice isn’t valid, it will almost certainly fail — and you may run out of time to issue another.

Before serving a notice, landlords must ensure full compliance with the Deregulation Act 2015 and avoid anything that could be treated as a retaliatory eviction under Section 33.

Here’s what needs to be checked — carefully.

1. Use the correct notice (Form 6A)

A Section 21 must be served using Form 6A.
Using old or home-made versions almost guarantees invalidity.

Check:

• The tenant names and address are accurate

• The dates and notice period are correct

• The expiry date gives at least the required notice (usually two months)

And keep evidence of service (recorded delivery, email where appropriate, or a signed receipt).

2. Ensure the deposit was handled correctly

A Section 21 cannot be used if:

• The deposit wasn’t protected in an approved scheme

• Prescribed information wasn’t given within 30 days

• The deposit taken was more than 5 weeks’ rent

If there has been a mistake, landlords usually must return the deposit in full (or resolve the breach) before serving notice.

3. Provide all required documents — and prove they were served

Before a Section 21 can be validly issued, tenants must already have received:

• A valid Gas Safety Certificate (for each year of the tenancy)

• An Energy Performance Certificate (EPC)

• The latest How to Rent Guide

If any of these were missed or served late, seek advice before issuing notice — the courts take this seriously.

4. Licensing must be in place

If the property requires:

• Selective licensing

• Additional licensing

• Mandatory HMO licensing

…then the licence (or a valid application) must be in place.
Unlicensed properties cannot rely on Section 21.

5. Check rent and fees compliance

A Section 21 may be blocked if:

• Unlawful fees were charged

• Deposits or holding deposits weren’t handled correctly

• Rent has been misapplied or mis-recorded

If something went wrong, it usually needs to be corrected first.

6. Avoid retaliatory eviction (Section 33)

Perhaps the most overlooked risk.

If a tenant has complained about disrepair and the council issues an Improvement Notice or Emergency Remedial Action, any Section 21 issued around that time is likely to be treated as retaliatory — and invalid.

To avoid this:

• Respond promptly to repair reports

• Keep written records

• Carry out necessary works

• Do not serve notice as a substitute for repairs

If repairs are outstanding, issuing Section 21 may backfire completely.

7. Timing matters

A Section 21:

• Cannot be served in the first 4 months of a tenancy

• Has a “use-by” period (it expires if not acted upon in time)

• Must give the proper notice period

Get the dates wrong — and the notice fails.

Getting it wrong could cost more than delay

With the May 2026 cut-off approaching, an invalid notice could leave you:

• Unable to regain possession

• Exposed to rent loss

• Forced into a much tougher legal environment

This is one moment where precision genuinely matters.

How Goldsmith Property can help

We work with landlords to:

• Audit paperwork before a Section 21 is served

• Ensure Deregulation Act compliance

• Advise on repair issues and retaliation risks

• Coordinate referencing, documentation, and legal support

If you’re considering issuing a Section 21 ahead of the deadline, don’t leave it to chance.
Contact Goldsmith Property for a compliance review and practical guidance tailored to your situation.