Why it matters
What Section 21 Prerequisites means for a landlord
For years this checklist decided whether a Section 21 notice worked, which is why many landlords still think of the same documents as gatekeepers to possession. Section 21 was abolished on 1 May 2026, and the checklist does not carry across to Section 8. Only the deposit rules stop a court making a possession order, on every ground except 7A and 14. Missing certificates still carry their own penalties and weigh against a landlord where the court has discretion, so serving them properly still matters, but for evidence and penalties rather than as a condition of possession.
Worked example
How it plays out
In 2025 Tony served a Section 21 notice on a tenant in Leeds without ever having given her the EPC, and his claim failed. In 2026, the same gap would not stop a Section 8 order, though it is still a breach. What would stop it is an unprotected deposit: a court cannot make a possession order on any ground except 7A or 14 unless the deposit rules are met or the deposit has been returned.
Common mistakes
Where landlords go wrong
- 01Assuming the old Section 21 checklist decides whether a Section 8 claim can succeed.
- 02Ignoring certificates because they no longer block possession, when they still carry penalties.
- 03Starting a Section 8 claim with a deposit that was never protected.
What to do
A short checklist
- Check every deposit was protected and the prescribed information sent on time.
- Keep serving gas, EICR and EPC documents with dated records.
- Update any possession checklist written for Section 21.
Sources
- legislation.gov.uk: Deregulation Act 2015
- legislation.gov.uk: Housing Act 2004, section 215
- GOV.UK: Evicting tenants in England
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
