What Makes A Section 21 Notice Invalid?

A Section 21 Notice is used to end an assured shorthold tenancy. Unlike a Section 8 Notice, the landlord does not have to provide a reason or grounds for possession. If a Section 21 Notice is valid, the court will make a possession order.

However, if a Section 21 Notice is invalid, the tenant can use this as a defence to resist possession proceedings. There are several grounds which can invalidate a Section 21 Notice. 

If the notice is not served correctly, then this will invalidate it. This might be because the wrong form has been used, the notice was served at the wrong time, or it did not give the right amount of notice.

If the landlord did not follow the tenancy deposit rules and lodge the tenant’s deposit money in one of the three authorised schemes within 30 days, this would invalidate a Section 21 Notice.

A Section 21 Notice is invalid if the deposit is not protected in an authorised scheme when the notice is served.

The landlord must provide certain documents, including an EPC (Energy Performance Certificate), a How to Rent guide and a gas safety certificate to the tenant. This is described as the ‘prescribed information’.

If these have not been provided, this will invalidate a Section 21 notice.