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Section 21

Carryon Regardless

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Since October any S21's already served, and older than 6months are now useless.

I've to serve on a T although there is a historic and now useless S21.

I read I've to now use the prescribed form.

There's no issue with deposit as that was successfully reclaimed by me some months ago, with T approval.

EPC in place, and less then 10 years old.

A bit ambiguous in that I'm supposed to have a gas cert, for a property with no gas.

No written complaints of property condition and no actions by Housing Enforcement.

Allowing for 3 days post I can cite any date for notice expiry 2 months on, now  ignoring rental periods.

Am I correct with that lot? Is there anything else I've to consider? Beside wishing the departing T a happy Christmas that is.

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I've been reading the new prescribed S21 form. It states a LL cannot use this form where the EPC and gas cert have not been provided, as well as the 'how to rent' booklet.

So I have decided to use my old style S21(4)(A) form, but in the 'expiry of this notice' section

"After the expiry of this notice. Or the last day of a period of the tenancy next occurring following expiry of this notice."

I have deleted the wording in red, as this no longer applies, so as a 'savings clause' would serve only to confuse and allow for a defence following my execution at an earlier date.


If I understand correctly we may, at all future times, still continue to use older style S21's for tenancies created before 1st October??. That will cause confusion in future court applications.

My flats, as with many other properties, have no gas supply. The new form ( prescribed for tenancies started after Oct 1st) does state the LL needs to provide the EPC and gas cert.

The 1st point here is that previously we had to make the EPC available when requested, now we need to provide. How to get a gas cert on a property with no gas is a bit of a problem though.

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If you have no gas supply in the property ....such as in purpose built flats which are all electric ......then clearly there is no requirement to have a gas certificate irrespective of what it says on the form.

There are going to be some properties that do have a gas supply laid into the property but which have no gas appliances.....boiler, cooker, heater Tec and where the gas supply is capped off. Wether you need a gas certificate in this example......to check for leaks,I don't know.

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There is no requirement for a gas certificate if

A.  There is no gas pipeline laid on to the property.

B,.  There is no gas meter installed

However if a meter or capped gas supply is present in the property but no gas appliances then a certificate is required.

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