A lesson for landlords – how to minimise disputes and avoid unnecessary legal costs
Our Dispute Resolution team has recently worked on a case which highlights the importance of landlords ensuring they are fully compliant with all their legal obligations. Read our case study to find out what happened when a landlord attempted to serve a Section 21 notice without fulfilling all their requirements.
The context
A landlord approached us for assistance in evicting a tenant through the Section 21 process. The property was managed by appointed agents who were responsible for:
- Supplying the How to Rent guide to tenants
- Protecting the deposit in a government-approved scheme
- Arranging annual gas safety checks
- Ensuring a valid Energy Performance Certificate (EPC) is in place.
These prescribed legal requirements must be met before a Section 21 notice can be validly served.
Ensuring compliance before proceeding
Our initial review revealed some uncertainty over whether the above requirements had been fulfilled, particularly in relation to deposit protection and service of the How to Rent guide.
Further investigation confirmed that the tenant’s deposit had not been protected, which presented a significant legal obstacle. To rectify this, the deposit was returned to the tenant, allowing our client to proceed with serving a Section 21 notice and avoid potential penalties or legal claim.
Serving the Section 21 notice
Once all compliance issues were resolved, we proceeded to serve the Section 21 notice. As the tenant did not vacate the property by the notice expiry date, accelerated possession proceedings were initiated in court. However, the tenant filed a defence, claiming that the How to Rent guide had never been served. This led to a court hearing.
At the initial hearing, the judge adjourned the matter, requesting additional evidence before reaching a decision. A new hearing date is pending and the validity of the Section 21 notice remains unresolved. Meanwhile, our client has already incurred significant legal fees, with the potential risk of not being able to recover these costs, even in a successful outcome.
The lesson for landlords
To minimise the risk of similar disputes and avoid unnecessary legal expenses, landlords should:
- Obtain written acknowledgment (such as a signature) from the tenant confirming receipt of all prescribed documents at the start and during the tenancy
- Maintain detailed records of all correspondence (letters, emails, or handovers) related to prescribed documents
- Before serving a Section 21 notice, check compliance with deposit protection, gas safety, EPC and documentation requirements
- Work closely with trusted managing agents or legal advisors to ensure full compliance with all landlord obligations.
Get in touch
Our experienced solicitors are here to help with all types of property litigation, including landlord and tenant disputes. With the Renters’ Rights Bill expected to come into force in early 2026 – including an end to Section 21 notices – it’s vital to seek legal advice on any disputes related to this.
To find out how we can help, get in touch with our reliable team on: disputeresolution@attwaters.co.uk or call 0203 871 0110.
