Here is a question to the blog clinic from Doris (not her real name) who is a landlord
We issued a section 21 but they say it is invalid as we did not give them a ‘How to Rent’ guide at the beginning of their contract. What can we do next?
The people you spoke to are correct. Service of the How to Rent Guide is a pre-requisite for serving a valid section 21 notice.
However, you can serve the Guide out of time so I suggest you serve a copy on them now – see my post here on this. Then, not less than one day later, serve a new section 21 notice. You will I am afraid have to give another two months notice.
However, before doing this, you had better make sure that you have complied with all the other section 21 requirements eg
- Protection of tenancy deposit
- Service of deposit prescribed information
- Service of the gas safety certificate on tenants before they moved in
There is a summary here.
Make sure you use the new Form 6a and not any of the old notices that you may find scattered around the internet.