Section 21

New legal ruling and what it means for landlords

Paul Shamplina, Founder, Landlord Action

As someone who's been in the business of helping landlords navigate the complexities of eviction for years, I can't stress enough how important it is to stay on top of legal changes. The recent ruling in Siddeeq v Alaian is a wake-up call for anyone using Section 21 notices. The court has made it clear: if you don’t provide the prescribed information after the deposit is paid, your Section 21 notice could be invalidated.

This case cantered on a landlord who served a Section 21 notice after including prescribed information in the tenancy agreement before the deposit was actually paid. The tenant challenged this, and the court sided with them, stating that the information must be tied to a deposit that has already been received.

This might sound like a small technicality, but it’s a huge deal. If you’re trying to regain possession of your property, the last thing you need is a legal challenge that could set you back months, if not more.

As landlords, we need to make sure every step we take is compliant with the law. The Housing Act 2004 is clear about the requirements for serving prescribed information, and this ruling reinforces the importance of getting the sequence right. If you mess up the timing, you could be looking at an invalid Section 21 notice and a whole heap of trouble.

At Landlord Action, we’ve always advocated for getting it right the first time. This ruling just underscores that philosophy. Here’s what you need to do:

Make sure the deposit is paid before you do anything else

Don’t issue any prescribed information until the deposit is in your account. If you do it too soon, you’re setting yourself up for a challenge.

Keep thorough records

Document everything—when the deposit was received, when you provided the prescribed information, and when you served the Section 21 notice. These records could be your saving grace if anything goes to court.

Stay updated

The law is always changing, and it’s crucial to stay informed. Check out the detailed update on this ruling over at mydeposits for more information.

This ruling is a reminder that the devil really is in the details when it comes to eviction proceedings. Don’t take any chances—follow the law to the letter and protect your rights as a landlord.

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