You cannot use a Section 21 notice if any of the following apply:
- it’s less than 4 months since the tenancy started
- the fixed term has not ended, unless there’s a clause in the contract which allows you to do this
- the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
- the council has served an improvement notice on the property in the last 6 months
- the council has served a notice in the last 6 months that says it will do emergency works on the property
- you do not have a landlord licence – if you live in Wales.
You also cannot use a Section 21 notice if you have not given the tenants copies of:
- the property’s Energy Performance Certificate
- a current gas safety record for the property
- the government’s ‘How to Rent’ guid


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