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Eviction Grounds & Defences

Comprehensive statutory analysis, procedural guidance, and self-representation resources:

Invalid Notice: Gas Safety Certificate Not Provided Before Move-In

Landlords must strictly comply with Deregulation Act 2015 s.38 and Gas Safety Regulations 1998.

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Invalid Notice: Tenancy Deposit Not Protected Within 30 Days

Under Housing Act 2004 s.215, no Section 21 notice can be served whilst a deposit breach remains uncured.

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Invalid Notice: Prescribed Information Not Served on Tenant

Serving deposit certificate alone is insufficient; statutory prescribed information under SI 2007/797 is mandatory.

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Invalid Notice: No Valid Energy Performance Certificate (EPC)

Landlord failed to provide a valid EPC rating E or above prior to serving notice.

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Invalid Notice: 'How to Rent' Checklist Not Given

Tenant was never served with the government's official How to Rent guide edition in force at tenancy start.

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Retaliatory Eviction: Council Improvement Notice Served

Section 33 Deregulation Act 2015 renders Section 21 invalid if served following repair complaints.

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Prohibited Fees: Unrefunded Payment Under Tenant Fees Act 2019

Landlord cannot serve valid Section 21 while holding unlawful admin fees or holding deposits.

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Defective Form 6A: Crucial Statutory Information Omitted

Landlord altered mandatory wording or omitted required statutory guidance notes on Form 6A.

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Invalid Notice Period: Fewer Than Two Full Calendar Months Given

Notice failed to provide two clear calendar months plus allowance for postal service under CPR rules.

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Premature Notice: Served in First 4 Months of Original Tenancy

Section 21(4B) strictly prohibits serving eviction notice within the first 4 months of the initial tenancy.

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Invalid Notice: HMO Operating Without Mandatory Council Licence

Section 75 Housing Act 2004 bars Section 21 eviction for unlicensed Houses in Multiple Occupation.

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Invalid Notice: Selective Licensing Scheme Non-Compliance

Property situated in designated selective licensing area without local authority licence.

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Expired Notice: Possession Claim Issued More Than 6 Months Later

Section 21 notice has a strict 6-month statutory lifespan from date of service under s.21(4D).

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Service Defect: Notice Not Served on All Joint Tenants

Landlord omitted one or more named joint tenants from the Form 6A notice.

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Invalid Service: Notice Sent by WhatsApp, SMS, or Social Media

Section 21 requires service in writing by hand or first-class post unless contract permits email.

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Defending Accelerated Possession Proceedings (Form N5B)

How to file Defence Form N11B within 14 days and request an oral court hearing.

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Attending County Court Eviction Hearing as Litigant in Person

What happens before the District Judge and how to present technical Deregulation Act defences.

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Postponing Eviction Date: Exceptional Hardship Applications (s.89)

How to request maximum 6-week postponement of possession date under Housing Act 1980 s.89.

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