Landlords often face questions about the validity of serving a Section 21 notice when an Energy Performance Certificate (EPC) was not provided at the start of an Assured Shorthold Tenancy (AST). This issue is significant because failing to comply with EPC regulations can affect the ability to regain possession of a property. Understanding the timing requirements for serving an EPC in relation to a Section 21 notice is essential for landlords to ensure their possession claims are valid.

Background: EPC Requirements and Section 21 Notices

Under UK law, landlords must provide tenants with a valid Energy Performance Certificate at the start of a tenancy. The EPC gives tenants information about the energy efficiency of the property. Since October 2008, it has been a legal requirement to supply this document before or at the beginning of the tenancy agreement.

Section 21 of the Housing Act 1988 allows landlords to regain possession of their property without needing to provide a reason, provided they follow the correct procedure. However, the validity of a Section 21 notice depends on compliance with certain legal obligations, including the provision of an EPC.

The Scenario: Late EPC but Served Before Section 21 Notice

In the case presented, the tenancy began six years ago without a valid EPC being served. The landlord subsequently commissioned and provided a valid EPC to the tenant in January 2025, well after the tenancy start date but before serving a Section 21 notice in September 2025.

The question arises: does the failure to provide an EPC at the tenancy’s outset invalidate the Section 21 notice, even though a valid EPC was served before the notice was issued?

Implications for Landlords

This situation highlights the importance of compliance with EPC regulations from the outset of a tenancy. While the landlord did eventually provide a valid EPC, the delay in serving it could potentially affect the validity of the Section 21 notice. Landlords must be aware that the law requires an EPC to be given to tenants at the start of the tenancy, and failure to do so may render a Section 21 notice invalid.

For landlords and letting agents, this underscores the need to ensure all legal documents, including the EPC, are served promptly and correctly. Delays or omissions can complicate possession proceedings and potentially prolong the process of regaining control of the property.

Practical Advice

Landlords should always check that a valid EPC is in place before or at the start of any new tenancy. If an EPC was not provided initially, it is advisable to seek legal advice before serving a Section 21 notice to confirm whether the notice will be valid. This can help avoid costly delays or disputes.

In cases where an EPC was served late but before the Section 21 notice, landlords should document the provision carefully and consider the specific circumstances of their tenancy. Professional guidance can clarify the best course of action.

Looking Ahead: Support for Landlords

The Landlord Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This platform will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers are invited to register their interest to become TLA service partners. This initiative aims to provide landlords with reliable resources and professional assistance to navigate complex tenancy issues such as EPC compliance and Section 21 notices.