[Note – 18 June 2020. The flowchart has not yet been updated to include the effects of the Court of Appeal judgment in Trecarrell v Rouncefield on Gas Safety Reports. I’m not entirely sure whether that can be done in flowchart form…]
[Note – 1 June 2020. The flowchart has not yet been updated to include the application of the Tenant Fees Act 2019 to all ASTs. For now, see this note.]
[NB as of 27 March 2020, all section 21 notices require 3 months notice as a result of Schedule 29 of the Coronavirus Act 2020, and will do until 30 September 2020. I have not updated the flowchart, but this should be factored in.]
[Updated 3 September 2019. Flowchart incorporates the effect of the Tenant Fees Act 2019 (which turned out to be more complicated to do than I thought – I think it works, but constructive criticism welcome), and updates notes on EPCs and gas safety certificates.
It will need revising again for 1 June 2020, due to the transitional provisions of the Tenant Fees Act.
Further slight tweak on TFA 4 September 2019]
[Updated 9 October 2018 – ‘How to Rent’ booklet section revised.]
NB – for England only
The validity of section 21 notices (or technically, when one can be served) became simultaneously more complicated and less so after the Deregulation Act 2015 took effect, together with changes in deposit regulations. There is a lot to think through and of course it all varies by date of tenancy.
On the basis that a lot of tenants, a lot of landlords and letting agents and quite a few advisors haven’t really got to grips with current requirements for a s.21 notice to be valid, I thought a flow chart could help, assuming it was possible.
It turned out to be sort of possible- ish, as least as far as statutory validity goes.
(Annoyingly the url links in the pdf version don’t work if a line break has crept in. But I can’t get the layout to work to remove the line breaks.)
The usual disclaimers apply – it should not take the place of proper legal advice, or even be relied upon – guidance only.
There are caveats – lots of caveats.
It doesn’t cover every variation or eventuality (for instance, all the deposit stuff assumes no change in landlord over the course of the tenancy).
The usual rules on service, named tenants etc. aren’t dealt with at all. Nor (for space reasons) does it go into all the complications on the Govt ‘How to rent’ booklet, just noting that it must be the most recent edition when given, and if a new edition was available at the time the current tenancy that version (and that is a tricky one to check but start here.)
The Ravenseft Properties Ltd v Hall  EWCA Civ 2034 precedent on prescribed forms and notices ‘substantially to the same effect’ will probably apply to the post 1 October 2015 prescribed s.21 Notice (Form 6A) but given the necessary detail in the notes, I find it hard to believe that not using the Form 6A would not amount to defective notice, unless a very minor error or difference.
And because I couldn’t fit it in a box, there is no mention of the fact that for any tenancy (after 1 October 2018), it is impossible to serve a s.21 that will expire at the end of a six month fixed term unless it is handed to the tenant in person during the day time on the very next day after the first four months of the tenancy, assuming that isn’t a weekend or bank holiday (otherwise, the usual rules of service mean that the notice must expire a day or two after the end of the six month fixed term at the earliest).
I hope it continues to be of use to all involved in PRS tenancies in England. Tenants, landlords, agents, advisors, lawyers and (I gather) Judges.