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

EPC certificate and energy efficiency rating chart highlighting questions around Section 21 eviction rules

by Readers Question

12:01 AM, 19th December 2025, 4 months ago 1

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Landlord News EPC Landlords Questions

Hi, I’ve served a Section 21 notice on a tenant and I’m getting conflicting advice regarding the EPC validity and when it should be served on the tenant to validate a Section 21.

The AST began six years ago. I didn’t have or serve a valid EPC at the time. I commissioned and served/shared with the tenant a valid EPC in January 2025. I served a Section 21 in September 2025.

Even though I served a valid EPC prior to serving the Section 21, I didn’t have or serve a valid EPC at the beginning of the AST. Does this invalidate the Section 21?

Any advice would be appreciated.

Thanks,

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Tags: AST, EPC, eviction process, Private Rented Sector, section 21

Comments

Julie Ford

Member Since September 2019 - Comments: 25

2:03 PM, 19th December 2025, About 4 months ago

We need to look at the Deregulation act 2015 and Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 as this is where the requirement to issue compliance documents really made its mark

Now, an EPC is a legal requirement to advertise a property for let, so you could be due a fine for that breach

Separate to this, is the need to issue EPC, gas cert, deposit protection and How to rent guide

EPC forms part of the prescribed information, but there is not statutory requirement to issue it at the start of the tenancy. But it must be issued to the tenant before a valid s21

So your late EPC will not invalidate the s21 as long as it is issued prior to the notice

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