What Are the Rules for Section 21 Notices?

A Section 21 notice is a legal document a landlord uses to begin the process of regaining possession of a property let under an assured shorthold tenancy (AST). Often referred to as a “no‑fault eviction”, it allows a landlord to seek possession without needing to prove a reason in court. However, there are strict legal rules about when, how, and whether a Section 21 notice can be used. These rules ensure that tenants' rights are protected and landlords follow the correct statutory procedures.

Note: Significant reform of the private rented sector in England will abolish Section 21 eviction notices from 1 May 2026. Notices served before that date can still be used to start court proceedings within defined time limits.

What a Section 21 Notice Does

A Section 21 notice formally tells a tenant that the landlord intends to seek possession of the property. It does not itself end a tenancy; the landlord must apply to the court for a possession order if the tenant does not leave by the date specified on the notice.

Once a possession order is obtained, a landlord must also arrange for bailiffs to enforce the order if the tenant still does not leave.

When a Section 21 Notice Can Be Used

Type of Tenancy

To use a Section 21 notice, the tenancy must be an assured shorthold tenancy. If the tenancy is an assured tenancy (an older form of agreement), the Section 8 process must be used instead.

Timing Restrictions

A Section 21 notice must generally be served:

• At least four months after the tenancy began (in a standard AST).
• With at least two months' notice to the tenant before any court application is made.
• On Form 6A or a document containing the same required information.

If the tenancy has continued as a periodic tenancy (for example, after a fixed term ends), the notice may need to reflect a longer notice period that aligns with the rental period.

Legal Requirements for a Valid Section 21 Notice

A Section 21 notice will only be valid if the landlord has complied with a number of statutory duties. Key requirements include:

1. Deposit Protection

If a tenant's deposit is taken in connection with an AST:

• The deposit must be protected in a government‑approved tenancy deposit scheme within 30 days of receipt.
• The landlord must give the tenant prescribed information about how and where the deposit is held.

Failure to protect the deposit on time or to provide prescribed information will make a Section 21 notice invalid unless the deposit is returned to the tenant before serving notice.

2. Safety and Information Documents

Before serving a Section 21 notice a landlord must have:

• Provided a valid gas safety certificate (if gas is supplied).
• Given the tenant the property's Energy Performance Certificate (EPC).
• Supplied the current “How to rent” guide.

Without these documents in place at the correct times, a Section 21 notice may be invalid.

3. Property Licensing

If the property requires a licence (for example, a House in Multiple Occupation (HMO) licence or a selective licence imposed by the local authority), the notice cannot be served if the landlord has failed to obtain the necessary licence.

Procedures After Serving a Section 21 Notice

Court Proceedings

If the tenant does not leave by the date in the notice, the landlord must start court proceedings for a possession order. These proceedings cannot start before the notice period ends.

There are time limits for bringing proceedings based on when the notice was served. These limits ensure that landlords act promptly once notice is given.

Tenant's Rights

Even after a Section 21 notice expires:

• A tenant can stay in the property until the court orders possession.
• A tenant can challenge the validity of the notice in court if they believe it is defective.

Common Issues That Invalidate a Section 21 Notice

A notice may be invalid for several reasons, including:

• Incorrect service of the notice (wrong form, inadequate information).
• Failure to comply with deposit protection and prescribed information requirements.
• Missing safety or information documents at the correct time.
• Recent improvement or emergency remedial action notices served by the local authority without completing required repairs.
• Retaliatory eviction, where a notice is served soon after a tenant makes a complaint about poor conditions.

If a notice is invalid, a tenant can raise this as a defence in possession proceedings. In some cases, tenants may also be entitled to compensation for failure to protect a deposit.

Reform and the End of “No‑Fault” Evictions

The Renters' Rights Act 2025 will abolish most Section 21 evictions in England from 1 May 2026. After this date:

• Landlords can no longer serve Section 21 notices on new or existing tenancies in the private rented sector in England.
• Landlords will instead need to use Section 8 grounds, where specific reasons for eviction must be proven (such as rent arrears or anti‑social behaviour).
• Notices served before this date can still be used, but landlords must start court proceedings within defined time limits (for example, by 31 July 2026 for notices served before abolition).

Practical Example

A landlord lets out a flat on a 12‑month assured shorthold tenancy. The tenant pays a deposit which is protected properly and the landlord provides all required safety certificates and the “How to rent” guide. After seven months, the landlord wants possession. They:

1. Wait until at least four months into the tenancy.
2. Serve a Section 21 notice giving two months' notice on Form 6A.
3. If the tenant does not vacate by the specified date, the landlord applies to the court for a possession order.

If any of the compliance steps were missed (for example, deposit not protected on time), the notice would be invalid and the landlord would need to correct the issue before serving a new notice.

Key Takeaways

• A Section 21 notice enables a landlord to begin court proceedings to regain possession of a property without stating a reason.
• It can only be used for assured shorthold tenancies and must meet strict legal requirements, including deposit protection, safety certificates, and prescribed information.
• Notices must give sufficient notice and be served correctly; otherwise they may be invalid.
• From 1 May 2026, Section 21 notices will largely be abolished in England, with only limited transitional uses permitted.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.