The Most Overlooked Reason Section 21 Notices Fail (And How to Avoid It)

But until the legislation receives Royal Assent, Section 21 remains the most effective legal route for landlords to regain possession of their property. And with no fixed date for the new law to take effect, landlords who need their property back should act carefully - but confidently.

One of the most common pitfalls? Incorrectly serving the Deregulation Documents - a small but critical misstep that could cause delays, invalidate the notice, or even result in losing a possession claim entirely.

What Are the Deregulation Documents?

Before a valid Section 21 notice can be served, landlords must ensure tenants have been given*:

• A valid Energy Performance Certificate (EPC)

• A valid Gas Safety Certificate

• The most up-to-date version of the How to Rent Guide (from gov.uk)

Most landlords and agents are aware these documents are required - but what’s often misunderstood is how they must be served.

(*other documents are required but these are the documents that can effect gaining possession)

Service Method: Why It’s Crucial

Your tenancy agreement may specify how notices can be served (e.g. by post, by hand, or by email). However, unless it specifically includes documents as part of that clause, relying on it could be risky.

Take the recent case of Khan v D’Aubigny (2025). The landlord served the Deregulation Documents by post, enclosing them with a cover letter. The tenancy agreement allowed notices by post - but didn’t specifically mention documents.

When the tenant refused to leave, they argued the Section 21 notice was invalid because the documents weren’t properly served. It was a technical challenge - but one that could have succeeded.

Fortunately, the Court of Appeal ruled in the landlord’s favour, agreeing the cover letter qualified as a "notice". But if there had been no cover letter - or if the documents had been emailed without permission to do so in the agreement - the decision could have gone the other way.

Timing Matters More Than Ever

With the Renters' Rights Bill on the horizon, landlords are understandably keen to regain possession before the rules change. But any misstep - especially around document service - could mean starting the process all over again, potentially adding months of delay.

Our Best Practice Tips for Landlords

1. Review the tenancy agreement first.
   Stick to the service methods it sets out.

2. Get proof of service.
   Whether by post, email, or hand delivery, keep a paper trail. If there's no evidence, the burden is on you.

3. If there’s no clear method of service, hand deliver.
   Get a signed receipt, take a time-stamped photo, or use a witness to confirm delivery.

4. Use the most up-to-date documents.
   Ensure the EPC and gas safety certificate are valid and that you're using the latest version of the How to Rent guide.

In Summary

If you’re a landlord who genuinely needs your property back - whether to sell, move in, or regain control - you must follow the rules to the letter. Rushing the process or overlooking something as simple as how a document is served could undermine your entire case.

At Iles & Jenkin, we’re here to help you get it right the first time - with clear advice, thorough documentation, and reliable service that protects your interests.

📞 Need expert guidance or want to get your property re-let quickly and compliantly?
Call our team on 01934 512537 or email lettings@ilesandjenkin.com for friendly, honest advice you can trust.