Landlord's duty to give prescribed info HA 1988 s.21B
This section enables regulations requiring landlords to give prescribed info about AST rights. Breach prevents serving a section 21 notice.
21B The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy. Regulations under subsection (1) may— require the information to be given in the form of a document produced by the Secretary of State or another person, provide that the document to be given is the version that has effect at the time the requirement applies, and specify cases where the requirement does not apply. A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1). A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
The Secretary of State can make regulations that require landlords of assured shorthold tenancies in England to give their tenants a document about the rights and responsibilities of both sides. The document must be the version that is current at the time the requirement applies. The regulations can also specify cases where this requirement does not apply.
If the landlord has not given the information as required by the regulations, they cannot serve a valid section 21 notice to end the tenancy and recover possession.
Any regulations made under this section are subject to annulment by a resolution of either House of Parliament.
When it applies
- A landlord fails to give the tenant the government's 'How to Rent' guide before or at the start of the tenancy.
- A landlord gives an outdated version of the prescribed information when a newer version had come into effect.
- A tenant receives a section 21 notice and argues it is invalid because the landlord never provided any prescribed information.
- A landlord is unsure whether the requirement applies to a periodic tenancy arising after the fixed term ends.
What this section does not say
- The specific document or content of the prescribed information is not set out in this section; it is defined by regulations.
- This section does not apply to tenancies in Wales; separate provisions govern those.
- This section does not impose any financial penalty or criminal liability for breach; the only consequence is that a section 21 notice cannot be given.
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This page reproduces the text of HA 1988 s. 21B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.