Use this form when an assured shorthold tenant asks for advice or help because their landlord: * has served notice, and * is purporting to rely on section 21 of the Housing Act 1988. This form gathers information that will help you decide whether the section 21 notice is valid and can be relied on to obtain a possession order. Refer to the accompanying s.21 checker tool at: markprichard.co.uk/documents/s21-validity-checker SECTION 21 NOTICE INQUIRY RECORD APPLICANT / CLIENT: Name: ………………………………………………………………………………… Ref. No. …………………………… TENANCY SUMMARY Date tenancy commenced: / / Written agreement? ? Yes ? No (oral agreement) Have we received a copy of the tenancy agreement? ? Yes ? No Fixed term(s) or replacement tenancies since original tenancy? ? No ? Yes Start: End: / / / / Copy received? ? Yes ? No Start: End: / / / / Copy received? ? Yes ? No Rent: £ Rent payment period: ? Weekly ? Calendar monthly ? Other (specify): Rent becomes due on: ………………………………………………………………………………… NOTICE Form 6A used? ? Yes ? No Date of notice: / / Date given/served: / / Served within 4 months of start of original tenancy? ? Yes ? No Served more than 6 months ago? ? Yes ? No Notice expiry date: / / Was there at least 2 months between service and expiry? ? Yes ? No Was the notice from the landlord and addressed to all tenants? ? Yes ? No ? Don’t know / inquiries required CERTIFICATES & ‘HOW TO RENT’ GUIDE Received energy performance certificate before s21 given? ? Yes ? No ? Don’t know / inquiries required Received gas safety certificate in last 12 months? ? Yes ? No ? Don’t know / inquiries required Date gas safety certificate received? / / Gas safety certificate received before tenant occupied premises? ? Yes ? No ? Don’t know / inquiries required Received ‘How to Rent’ guide? ? Yes ? No ? Don’t know / inquiries required Version of ‘How to Rent’ guide: / / Replacement guide required? ? Yes ? No ? Don’t know / inquiries required ‘How to Rent’ guide re-issued? ? Yes ? No ? Don’t know / inquiries required Guide received by email? ? Yes ? No ? Don’t know / inquiries required Consent given to receipt by email? ? Yes ? No ? Don’t know / inquiries required RETALIATORY EVICTION Has the local authority served one of the following types of notice? * improvement notice (Cat 1) * improvement notice (Cat 2) * emergency remedial action ? Yes ? No ? Don’t know / inquiries required Date of enforcement notice: / / Does the s.21 notice constitute a retaliatory eviction under s.33 of the Deregulation Act 2015? ? Yes ? No ? Don’t know / inquiries required Notes: ………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… HMO LICENSING Do the premises form part of an HMO that must be licensed? ? Yes ? No ? Don’t know / inquiries required If yes, did the landlord have an HMO licence (or had they applied for a licence) when the s.21 notice was served? ? Yes ? No ? Don’t know / inquiries required DEPOSIT Was a tenancy deposit paid? ? Yes ? No (If no, go to next section) Amount of deposit: £ Date landlord received money: / / Was the deposit protected in an authorised scheme? ? Yes ? No ? Don’t know / inquiries required Date protected: / / Which scheme? …………………………………………….……… Was the deposit protected within 30 days of the landlord receiving the deposit money? ? Yes ? No When the s.21 notice was served, did any of the following apply: ? the landlord had returned the money in full, or ? the deposit was returned with deductions agreed by the tenant, or ? the tenant had applied to court under HA 2004 s.214 for repayment and/or compensation and the application had been decided, withdrawn or settled? ? Yes ? No ? Don’t know / inquiries required Notes: ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Did a third party (‘relevant person’) pay the deposit? ? Yes Name: …………………………..…………………… Tel / email: ………………….……………………… ? No Did the tenant (and the relevant person if applicable) receive a prescribed notice? ? Yes ? No ? Don’t know / inquiries required Date prescribed information notice received by tenant(s): / / ? Don’t know / inquiries required Date prescribed information notice received by relevant person (if applicable): / / ? Don’t know / inquiries required Have we a copy of the information notice? ? Yes ? No Does PI notice include all the information required under Reg. 2, including for example, the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy? ? Yes ? No ? Don’t know / inquiries required TENANT FEES Was an unauthorised payment received by the landlord? ? Yes ? No ? Don’t know / inquiries required Examples include: * Deposit exceeding 6 weeks’ rent. * Reference payment. * Inventory service payment. * Admin charge for setting up tenancy, renewal or check out. * Insurance payment. * Loan. Notes: ………………………………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………………………………………… (If applicable) Was the prohibited payment returned (either in full, or in part with remainder offset against rent with the tenant’s consent) before the s.21 notice was given? ? Yes Date: / / ? No …………………………………………………………. …………………………………………………………. ? n/a OTHER ISSUES Has a new/replacement tenancy been agreed since the s.21 notice was served? ? Yes ? No Are there any reasons why it might be inequitable for the landlord to rely on the s.21 notice, e.g. they formally agreed the notice had been ‘withdrawn’? ? Yes Details: …………………………………………….. ? No …………………………………………………………. …………………………………………………………. Section 21 notice inquiry form (England) (June 2019 version)00Page 4 of 6 E_HLESS_SECTION_21_02 Section 21 notice inquiry record (England)