Is Section 21 valid if the EPC was served late but before notice?

Landlords often face questions about the validity of Section 21 notices, especially concerning the timing of serving an Energy Performance Certificate (EPC). This article clarifies whether serving a valid EPC late in the tenancy but before issuing a Section 21 notice affects the notice’s validity, a crucial consideration for landlords seeking possession.

Understanding the EPC Requirement for Section 21 Notices

When serving a Section 21 notice to regain possession of a property, landlords must comply with certain legal requirements, including providing tenants with a valid EPC. The EPC demonstrates the energy efficiency of the property and must be made available to tenants to ensure transparency and compliance with housing regulations.

In the scenario presented, the Assured Shorthold Tenancy (AST) began six years ago without a valid EPC being served at the outset. The landlord subsequently commissioned and shared a valid EPC with the tenant in January 2025, before serving the Section 21 notice in September 2025.

Does Serving the EPC Late Invalidate the Section 21 Notice?

The key question is whether the late provision of the EPC—after the tenancy started but before the Section 21 notice was served—renders the notice invalid. The law requires landlords to provide tenants with an EPC at the start of the tenancy or at the earliest opportunity thereafter. However, the critical point for Section 21 validity is that the tenant must have received a valid EPC before the notice is served.

In this case, although the landlord did not provide an EPC at the tenancy’s commencement, they did serve a valid EPC prior to issuing the Section 21 notice. This suggests that the Section 21 notice remains valid, as the tenant had been given the necessary EPC before the notice was served.

Implications for Landlords and Agents

Landlords should ensure compliance with EPC requirements to avoid challenges to possession proceedings. While it is best practice to provide a valid EPC at the start of the tenancy, this example shows that serving the EPC late but before the Section 21 notice can still satisfy the legal requirements.

However, landlords must be cautious, as failure to provide a valid EPC before serving the Section 21 notice could invalidate the notice, delaying possession and potentially increasing costs. Agents and property managers should advise landlords accordingly and maintain accurate records of EPC provision to support possession claims.

Best Practice Recommendations

To minimise risks, landlords should:

• Obtain and serve a valid EPC before or at the start of the tenancy.
• Keep clear evidence of EPC delivery to tenants.
• Ensure all other prescribed information, such as the How to Rent guide, is also provided timely.
• Seek professional advice if there is uncertainty about compliance or notice validity.

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