Section 21, Gas Safety and EICR: What London Landlords Must Know
A Section 21 notice can be invalidated by missing gas safety or EICR records. What London landlords must have in order to serve a valid Section 21 — and what courts have ruled.
How Compliance Records Affect Section 21 Validity
The Deregulation Act 2015 created a direct link between compliance record provision and the validity of Section 21 notices. A London landlord cannot serve a valid Section 21 (no-fault eviction) notice if they have failed to provide the tenant with:
- A current gas safety certificate (CP12) — or proof of provision at the start of the tenancy and within 28 days of each annual check
- A current EICR electrical installation condition report — from 2020 for new tenancies; from 2021 for all tenancies
- The property's EPC (Energy Performance Certificate)
- The Government's "How to Rent" guide (current version)
All four must have been provided to the tenant before the Section 21 is served. Missing any one of these allows a tenant to successfully challenge the notice in court.
Can a London Landlord Remedy Compliance Failures Before Serving Section 21?
Yes — but only for EPC and How to Rent. Gas safety records and EICR are different:
- EPC and How to Rent: can be provided late and a Section 21 served afterwards
- Gas safety certificate: the Court of Appeal ruled in Trecarrell House Ltd v Rouncefield (2020) that a landlord who failed to give a gas safety certificate before the tenancy began can retrospectively provide it, provided the certificate existed at the start of the tenancy
- EICR: the Regulations require provision to the tenant — failure to provide cannot be retrospectively cured once a tenancy has started without compliance
Practical Steps for London Landlords Before Serving Section 21
- Check your file — do you have a signed receipt or email confirming the tenant received the gas safety certificate, EICR, EPC and How to Rent?
- If the gas safety certificate has expired, renew it before serving
- If an EICR has not been provided, provide it (if it is in date) before serving
- If any certificate has expired, renew before serving — serving on expired compliance is risky even if it was valid when provided
Frequently asked questions
Can a London tenant challenge a Section 21 because the landlord has no gas safety certificate?
Yes — this is one of the most common grounds for challenging Section 21 notices in London. If a landlord cannot prove they provided a valid gas safety certificate, a court can (and regularly does) dismiss the possession claim. The burden is on the landlord to prove they complied. A gas safety certificate that exists but was never formally provided to the tenant is not sufficient — you need evidence the tenant actually received it (email confirmation, signed receipt, or a clause in the tenancy agreement confirming receipt).
Do I need an EICR to serve a Section 21 notice in London?
Yes — since April 2021, all residential tenancies in England (including London) require a valid EICR. Failure to carry out and provide an EICR to the tenant is a breach of the Electrical Safety Standards Regulations and may invalidate a Section 21 notice. Courts are increasingly alert to this ground of challenge. Always check your EICR is in date (maximum 5 years) and that you have evidence of providing it to the tenant before serving.
What documents must a London landlord provide before serving a Section 21?
Before serving a Section 21 in London, ensure you have provided: (1) a valid gas safety certificate — and can prove the tenant received it; (2) a valid EICR — provided at the start of the tenancy and after any remediation; (3) the property's EPC (minimum E rating); (4) the current version of the Government's "How to Rent" guide; (5) the tenancy deposit protection certificate and prescribed information (if a deposit was taken). Missing any of these items is a defence to Section 21 that tenants and their advisors actively look for.