What Is the Process for Serving a Section 21 Notice?

A complete guide to the legal process for serving a Section 21 notice in England and Wales, explaining how landlords use this “no‑fault” notice to begin eviction proceedings, what legal requirements must be met, key deadlines, potential pitfalls and how tenants can assess validity.

Section 21 notices have been a core part of private rented sector law for many years, allowing landlords to seek possession of a property without alleging tenant fault. However, recent reforms will abolish this process for most tenancies from 1 May 2026, making it more important than ever for landlords and tenants to understand the correct procedure while it remains in force.

What Is a Section 21 Notice?

A Section 21 notice is a written notice of eviction served by a landlord under section 21 of the Housing Act 1988 for an assured shorthold tenancy (AST). Traditionally referred to as a “no‑fault” eviction notice, it does not require the landlord to prove a reason for possession. Instead, once served validly, it allows the landlord to apply to the court for a possession order after the notice period expires.

Under the forthcoming Renters' Rights Act, Section 21 notices will be abolished in the private rented sector from 1 May 2026, though valid notices served before that date can still be used to start possession proceedings.

Eligibility: When Can a Section 21 Notice Be Served?

Before serving a Section 21 notice, a landlord must establish that:

• The tenancy is an assured shorthold tenancy (AST). If not, Section 21 cannot be used.
• The tenancy has continued for at least four months before notice is served; Section 21 notices cannot normally be given in the first four months of an AST.

The notice can be given during a fixed term only if the tenancy agreement has a break clause that allows early termination, or it can be served in a statutory periodic tenancy after the fixed term ends.

Step 1: Prepare and Complete the Correct Notice Form

The notice must be in the form prescribed by law. In practice this means:

• Using Form 6A (or a document containing the same information required by Form 6A).
• Completing the form accurately with all required information, including the landlord's and tenant's names, the property address, the date the notice is served and the date on which the tenant is required to leave.

Errors in the form or missing information can lead to an invalid notice, which cannot be used to obtain a possession order.

Step 2: Serve the Notice Correctly

A Section 21 notice must be served on the tenant in a manner that ensures they receive it. Acceptable methods typically include:

• Hand delivery to the tenant at the property
• First‑class post
• Recorded delivery
• Personal delivery by a process server

Service by informal means, such as a WhatsApp message or text alone, is not a valid method - even if the tenant acknowledges receipt - unless the notice formally meets the legal requirements of Form 6A and is delivered in a recognised way.

Landlords must ensure that service is provable; retaining copies of postal receipts or delivery confirmations supports any later dispute about receipt.

Step 3: Meet Other Legal Requirements Before Serving Notice

Before serving a Section 21 notice, a landlord must have complied with several pre‑conditions of tenancy law. Failure to meet these can render the notice invalid:

• Tenancy Deposit Protection: The tenant's deposit must have been protected in a government‑approved scheme and the prescribed information given to the tenant within the required timeframe.
• Provision of Documents: Before the notice is given, tenants generally must have been supplied with a valid energy performance certificate (EPC), a current gas safety certificate (if applicable) and a copy of the How to Rent guide.
• Licencing and Fees Compliance: If the property requires a licence (for example, an HMO or certain selective licensing areas) and the landlord has not licensed it, Section 21 cannot be used. Likewise, failure to refund prohibited fees or comply with the Tenant Fees Act may invalidate the notice.

Local authorities and advisers can assist tenants in checking whether these conditions have been met.

Step 4: Give the Proper Notice Period

The notice must allow the tenant sufficient time to leave. For most Section 21 notices served on or after 1 October 2021, the minimum period is:

• At least two months' notice before the tenant is expected to vacate.

If rent periodicity differs, such as quarterly rent payments, this minimum may be longer to ensure fairness. The notice must specify a clear date by which the tenant is required to leave.

Step 5: Apply to Court for a Possession Order

Serving the Section 21 notice does not end the tenancy automatically. If the tenant remains after the notice period expires, the landlord must:

1. Issue a claim for possession in the county court before they can ask for a possession order.
2. Attend hearings as required and obtain a possession order.
3. If the tenant still does not leave after a possession order, apply for a warrant for possession to instruct bailiffs to evict.

Landlords must start possession proceedings within set time limits after serving the notice; failing to do so can mean the notice is no longer valid. For notices served before 1 May 2026, proceedings must be started no later than six months after service (with transitional time limits to 31 July 2026 in some cases).

Defending or Challenging a Section 21 Notice

Tenants can challenge a Section 21 notice in court or use it as a defence to possession proceedings if:

• The notice was served incorrectly
• The prescribed pre‑conditions were not met
• The notice was served too early (e.g. within the first four months)
• The landlord failed to start proceedings in time
• Retaliatory eviction protections apply following valid complaints about disrepair or safety issues.

Tenants should gather evidence and, if necessary, seek advice from housing advisers or solicitors.

Impact of Legal Reform

From 1 May 2026, Section 21 notices will no longer be available for most private tenants in England, and landlords will instead use Section 8 grounds that require the landlord to prove a reason for possession. Notices served before this date remain valid but must be acted upon within statutory deadlines. This reform aims to end no‑fault evictions and provide stronger protections for tenants.

Key Takeaways

Serving a Section 21 notice involves a series of legal and procedural steps:

• Confirm eligibility (AST, four‑month rule).
• Use Form 6A and complete it correctly.
• Serve the notice properly and retain proof of service.
• Meet pre‑conditions such as deposit protection, certificates, licencing and fee compliance.
• Give at least two months' notice.
• Apply to court for a possession order if the tenant remains.

Understanding and following the correct process helps ensure a notice is valid and enforceable. Tenants should always check validity and consider whether they have lawful grounds to challenge. The coming abolition of Section 21 highlights the importance of careful compliance while this process remains in force.

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.