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.
On 28 October 2025 the long awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent meaning it is now law. This includes very significant changes for landlords and tenants including changes to tenant rights, deposits, notices and eviction processes amongst others. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. At present the Act has not yet come into force however this is anticipated fairly soon. For the current position on this see our blog here. This legislation includes numerous changes designed to alter the relationship between landlords and tenants, aimed at giving tenants greater security of tenure and rights. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented.