Form 6A Validity Rules: The 7 Statutory Preconditions

A Section 21 notice is not an eviction order. It is merely the landlord's notification that they intend to seek possession. In England, the Deregulation Act 2015 and Housing Act 1988 establish strict statutory gates that every landlord must prove before a judge can order possession.

1. The Prescribed Form 6A Requirement

Under section 21(8) of the Housing Act 1988, any notice served on an Assured Shorthold Tenancy in England must use the statutory Form 6A. Informal letters, emails, text messages, or old common-law notices are void on their face.

2. Deposit Protection & Prescribed Information (Housing Act 2004 s.213/215)

Under section 215 of the Housing Act 2004, no Section 21 notice may be given at a time when the deposit is not held in an authorized tenancy deposit scheme, or if the initial requirements of the scheme were not complied with within 30 calendar days of receipt. Even if the deposit was subsequently protected, late protection bars Section 21 unless the landlord has fully refunded the deposit to the tenant prior to service.

3. The 'How to Rent' Guide (Prescribed Requirements Regulations 2015 Reg 3)

The landlord must have given the tenant the edition of the Government booklet How to Rent: The checklist for renting in England that was current on the day the tenancy began. If served after the Section 21 notice, the notice is invalid.

4. Gas Safety Certificate (CP12) & Trecarrell House Doctrine

Under the Gas Safety (Installation and Use) Regulations 1998, a valid gas safety record must be provided to the tenant prior to occupation. Under the Court of Appeal ruling in Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760, failure to provide the pre-tenancy gas certificate before notice is served is a fatal defence.

5. Energy Performance Certificate (EPC)

A valid Energy Performance Certificate with an energy rating of E or higher must be provided to the tenant free of charge. Lack of a valid EPC when the notice is served invalidates the notice.

6. Property Licensing (Housing Act 2004 s.75 & s.98)

If the property is an HMO (House in Multiple Occupation) requiring mandatory or additional licensing, or is located within a designated Selective Licensing area, the landlord must hold an active licence or a valid temporary exemption. Section 75 and Section 98 expressly prohibit serving Section 21 while the property remains unlicensed.

7. Prohibited Fees (Tenant Fees Act 2019)

If the landlord or letting agent charged an unlawful fee (such as viewing fees, referencing charges, or inventory fees) or held a holding deposit for more than 14 days without agreement, no Section 21 notice may be served until the money has been refunded in full.