Section 21 Prerequisites
Quick answer
The bundle of pre-conditions a private landlord in England had to satisfy before a Section 21 notice (Form 6A) was valid: deposit protected within 30 days plus Prescribed Information served, current Gas Safety Certificate served, current EICR served, and current GOV.UK How to Rent guide served on the tenant. Section 21 was abolished on 1 May 2026, and these prerequisites went with it. They do not carry over to Section 8. Of the five, only the deposit rules bar a Section 8 possession order (every ground except 7A and 14, and returning the deposit cures the bar). Gas, EICR and How to Rent never gated Section 8, and the How to Rent guide has itself been withdrawn.
At a glance
- Number of items
- 5 (Gas, EICR, Deposit, PI, How to Rent)
- Statute
- Deregulation Act 2015 ss.38–41
- Court remedy
- Section 21 notice invalid; claim dismissed
- Survives RRA?
- No — abolished 1 May 2026. Only the deposit rules bar Section 8
Full guide
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Open full guideWhy Section 21 Prerequisites matters for landlords
For 36 years Section 21 was the fast accelerated-possession route in England, and this five-item list was the audit that kept a notice valid. Section 21 is now abolished (1 May 2026), and it is a common and expensive misconception that the same five documents gate Section 8. They do not. Only the deposit rules bar a possession order, and only for tenancies beginning on or after 1 May 2026; the certificates carry their own penalties and weigh on the reasonableness test for discretionary grounds. The pack is still worth serving properly, and our move-in pack sender still proves service from day one, but the reason is evidence and penalties, not a possession bar.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Move-in Pack (Statutory)
The bundle of documents an English landlord must serve on a new tenant before — or at the very start of — a tenancy. Standard contents: latest Gas Safety Certificate (CP12), latest EICR, current EPC (band E or above), the deposit Prescribed Information, and a written statement of terms before the tenancy is entered into. Only a deposit failure bars a Section 8 possession order (every ground except 7A and 14, and returning the deposit cures it). Missing gas, EICR or EPC carry their own penalties and weigh against the landlord on the discretionary grounds, but they do not bar possession. The GOV.UK How to Rent guide was withdrawn on 1 May 2026 and is no longer served on new tenants.
Schedule 2 (Housing Act 1988 Possession Grounds)
The schedule of statutory grounds a landlord uses to seek possession of an assured / assured shorthold tenancy under Section 8. Grounds 1–8 are mandatory (court must grant possession if proven): includes ground 1 (landlord-occupier intent), ground 1A (landlord sale, post-RRA 2025), ground 8 (3+ months rent arrears post-RRA 2025), ground 14 (anti-social behaviour). Grounds 9–17 are discretionary (court considers reasonableness): includes ground 11 (persistent late payment) and ground 12 (breach of tenancy). Choice of ground sets the notice period and the burden of proof.
Section 21 Notice
The no-fault eviction notice under Section 21 of the Housing Act 1988. Abolished for new notices from 1 May 2026 under the Renters Rights Act 2025. Landlords must now use Section 8 with a specified ground.
Section 47 Notice (Rent Demand Address)
Section 47 of the Landlord and Tenant Act 1987 requires a landlord’s name and address (or that of an agent in England and Wales) to appear on every rent demand for a residential property. If the demand omits this, no rent is legally due until a Section 48 notice (or compliant rent demand) is served. Routinely missed by individual landlords self-managing without a template; the breach blocks rent recovery and pauses any Section 8 ground 8/10/11 arrears clock until cured.
Section 48 Notice (Landlord’s Address for Service)
Section 48 of the Landlord and Tenant Act 1987 requires a landlord of a residential dwelling in England or Wales to give the tenant a written address in England or Wales at which notices can be served. Until a compliant address is given, no rent is legally due. A common cure for an overseas landlord is to use the letting agent’s UK address (with the agent’s consent), but the address must be the landlord’s address for service, not a generic correspondence address.
Section 8 Notice
A possession notice served under Section 8 of the Housing Act 1988 citing a specific ground. From 1 May 2026 this is the only route to possession in England. Common grounds: Ground 1 (landlord moving in), Ground 1A (sale), Ground 8 (3 months' arrears).