Section 21 Eviction: How to Check if Your Notice is Invalid

You open the letter. It’s a “Form 6A” – a Section 21 Notice requiring possession of your home. Your stomach drops. You think: “I have 2 months to pack my life into boxes.”

Stop. Before you start packing, you need to check if the notice is even legal. Landlords make mistakes on these forms all the time. If they missed even one piece of paperwork, the notice is invalid, and you do not have to leave.

What is a Section 21 Notice? 

It is often called a “No Fault Eviction.”

• The landlord doesn’t need a reason to evict you (unlike a Section 8 notice, which is for bad tenants).

• However, because it is so easy for them to use, the law sets very strict rules they must follow. If they break a rule, the notice counts for nothing.

The Validity Checklist: 5 Ways to Stop an Eviction

Grab your notice and check these 5 points immediately.

1. The Deposit Rule

Did your landlord protect your deposit in a government-backed scheme (like DPS or TDS) within 30 days of receiving it?

• If NO: The Section 21 notice is invalid. They cannot evict you until they return your deposit in full.

• If YES: Did they send you the “Prescribed Information” (the certificate)? If not, the notice might still be invalid.

2. The “How to Rent” Guide

At the start of your tenancy, did the landlord give you the government’s “How to Rent” booklet (physical copy or email)?

• The Rule: If they never gave you this booklet, they generally cannot serve a valid Section 21.

3. Safety Certificates

Did you receive these two documents before you moved in?

• Gas Safety Certificate: (If the property has gas).

• Energy Performance Certificate (EPC): The property must usually be rated ‘E’ or higher.

• The Rule: No certificate = No valid Section 21.

4. Retaliatory Eviction

Did you recently complain about a repair?

• If you complained to the Local Council and they sent the landlord an “Improvement Notice,” the landlord is banned from using Section 21 for 6 months.

• This stops them from kicking you out just because you asked for a working boiler.

5. The Dates

Check the dates on the form carefully.

• Notice Period: They must give you at least 2 full months.

• Fixed Term: They cannot force you to leave before your fixed term ends (unless there is a “Break Clause”).

“My Notice is Invalid! What Should I Do?”

You have two strategies. Choose wisely.

Strategy A: The “Sit Tight” (Recommended) You do not have to tell the landlord their notice is wrong.

1. Stay in the property.

2. Wait for the 2 months to expire.

3. The landlord will apply to the court.

4. Tell the court defense form that the notice is invalid (e.g., “No Gas Certificate”).

5. The judge will throw the case out. The landlord has to start all over again (giving you another 2+ months).

Strategy B: The “Helpful Tenant” If you have a good relationship, tell them early: “Hi, I noticed you didn’t protect my deposit, so this notice is invalid.”

• Only do this if you want to leave but just need a bit more time to negotiate.

Summary: Check the Paperwork

Never assume a legal letter is correct just because it looks official.

• Check the Deposit.

• Check the Gas Certificate.

• Check the Dates.

• If they messed up, you are safe (for now).

(Sources: Shelter – Section 21 Validity Checker, Gov.uk – Eviction Notices)