How-To13 April 2026|7 min read

Which Certificates Block Section 21? (2026 Update)

Gas safety, EICR, and HMO licences can all invalidate a Section 21 eviction notice. Here's exactly which certificates you need before serving notice.

Section 21 of the Housing Act 1988 allows landlords in England to end an assured shorthold tenancy without giving a reason, provided they follow the correct procedure. However, several compliance requirements must be met before a valid Section 21 notice can be served.

The three certificates that directly block Section 21 are: Gas Safety Certificate (CP12), EICR (Electrical Installation Condition Report), and the property's EPC. If any of these are expired or have never been provided to the tenant, any Section 21 notice served is invalid.

For gas safety, the landlord must have a current CP12 and must have provided a copy to the tenant. The copy must have been given within 28 days of the annual check (for existing tenants) or before the tenancy started (for new tenants). Both conditions must be met — having the certificate but not providing it to the tenant is not sufficient.

For EICR, the requirement was introduced by the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. A valid EICR must be in place, and a copy must have been provided to the tenant within 28 days of the inspection.

The EPC must be valid and must have been provided to the tenant before the tenancy began. The property must also meet the Minimum Energy Efficiency Standards (currently Band E, rising to Band C in 2030).

HMO licensing adds another layer. If a property requires an HMO licence (mandatory for 5+ occupants forming 2+ households, or under a selective licensing scheme) and the landlord does not have one, Section 21 is blocked. Additionally, a Rent Repayment Order can be made against the landlord for up to 12 months' rent.

The practical advice: before serving a Section 21 notice, verify that every required certificate is current and that copies have been properly served on the tenant. One missing document invalidates the entire notice, and you cannot retrospectively fix the problem — you must re-serve after restoring compliance.

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