Last week I was issued a Section 21 notice in England. The landlord sent over various documents the day before serving the notice and also returned my deposit.
However, I have concerns about whether the Section 21 is valid due to earlier compliance issues during the tenancy.
Key details:
Tenancy start: December 2022
Section 21 served: April 2026
Property is a HMO
Gas Safety Certificate:
I was never given a gas safety certificate at the start of my tenancy, and the only certificates I have ever received are dated February 2021 and February 2026.
So there does not appear to be a certificate covering the start of my tenancy (Dec 2022).
I’ve read conflicting information online, some sources suggest a valid certificate must exist at the start of the tenancy, while others say it just needs to be valid when the Section 21 is served.
Can anyone clarify which is correct?
Deposit:
My deposit was protected late (around 41 days after the tenancy began), but it has now been returned in full before the Section 21 was issued.
Does the late protection still affect the validity of the notice?
Documents not provided at start:
I did not receive any of the following at the beginning of the tenancy:
EPC
How to Rent guide
EICR
Deposit prescribed information
These have only recently been provided (just before the Section 21).
Repairs / council involvement:
There were ongoing repair issues during the tenancy, including pest problems and disrepair. The council became involved at one point and required the landlord to carry out works.
I’m not sure whether a formal improvement notice was issued.
Main questions:
Does the lack of a valid gas safety certificate at the start of the tenancy invalidate the Section 21?
Does late deposit protection still affect validity even if the deposit has now been returned?
Can late service of EPC / How to Rent / other documents invalidate the notice?
Would previous council involvement have any impact?