Section 21 Notices
A Section 21 Notice is a legal method that allows landlords to regain possession of a property
Section 21 Notices
A Section 21 Notice is a legal method that allows landlords to regain possession of a property let under an assured shorthold tenancy (AST) without giving a reason for eviction. However, for the notice to be legally valid, strict legal conditions must be followed. These include providing at least two months’ notice, protecting the tenant’s deposit correctly, and ensuring that all required safety certificates and prescribed documents have been served. If these legal requirements are not fully complied with, the court may reject the notice and the landlord will be unable to proceed with possession.
For tenants, receiving a Section 21 notice does not mean they must leave immediately. Even after a valid notice is served, the landlord must apply to the court for a possession order. Tenants may also have the right to challenge the notice if it has not been served correctly. Legal advice is strongly recommended for both parties to ensure their rights are protected.
Free Advice on Housing & Property Matters
Housing and property matters can quickly become confusing and stressful, especially when legal rights are unclear. Whether you are a tenant facing eviction, a landlord seeking possession, or a homeowner dealing with disputes, rent arrears, tenancy agreements, or property disrepair, professional guidance can make a significant difference.
At LI Solicitors, we offer free initial legal advice on a wide range of housing and property matters. We regularly advise on Section 21 and Section 8 notices, unlawful eviction, tenancy deposit disputes, landlord obligations, and more. Our housing law specialists explain legal issues clearly and help you understand the best course of action before you proceed.
What Is a Section 21 Notice? A Guide for Landlords
A Section 21 Notice is a formal legal notice used by landlords in England to recover possession of a property let under an assured shorthold tenancy. It is commonly known as a “no-fault eviction notice” because the landlord does not need to prove that the tenant has done anything wrong.
This notice can be used at the end of a fixed-term tenancy or during a periodic tenancy, as long as all legal requirements are satisfied. Unlike a Section 8 notice, which requires proof of tenant breach, Section 21 provides a more straightforward route. If all conditions have been met — such as deposit protection compliance and service of the correct documents — landlords may apply for accelerated possession, which is often decided without a court hearing. However, landlords must still give at least two months’ notice, and failure to follow the correct procedure can invalidate the entire process.
What is Form 6(A)?
Landlords in England must use the prescribed Form 6A when serving a Section 21 notice. This official form ensures the notice complies with legal requirements under the Housing Act 1988.
The government issued an updated version of Form 6A on 1 October 2021, and landlords must now use this latest version. Using an outdated form can result in the notice being declared invalid by the court, meaning the entire process must be restarted — causing unnecessary delay and expense.
When Landlord Cannot Use Section 21 Notices?
A Section 21 notice cannot be served legally in the following situations:
- The tenancy is still within the first four months
- The property is an unlicensed HMO
- The tenant’s deposit was not protected in an approved scheme
- Prescribed deposit information was not provided
- The wrong notice format (not Form 6A) was used
- An improvement notice has been served by the local authority
- Prohibited fees or unlawful deposits have not been refunded urna sed, eleifend risus.
Landlords must ensure full legal compliance before attempting to use Section 21.
What Legal Documents Landlords Must Give Tenants Before Using a Section 21 Notice?
To serve a valid notice, landlords must have already provided tenants with:
- A valid Energy Performance Certificate (EPC)
- The latest ‘How to Rent’ guide
- A valid Gas Safety Certificate (where applicable)
- A valid Electrical Installation Condition Report (EICR)
Failure to provide any of these documents may invalidate the notice.
How Much Notice Must Be Given?
A Section 21 notice must provide a minimum of two months’ notice. In some cases, such as contractual periodic tenancies, the notice period must match the rental period if it exceeds two months. For example, if rent is paid every three months, the notice must be at least three months
What are Standard possession orders?
Landlords seeking possession due to rent arrears may use the Possession Claim Online (PCOL) system. This allows online submission of court claims. The current application fee is £404.
However, PCOL cannot be used for all cases. Complex matters such as trespass or serious
lease breaches must be handled through the standard court process.
Applying for an Accelerated Possession Order
If tenants remain after a valid Section 21 notice expires, landlords can apply for accelerated
possession (if no rent arrears are claimed). This process is usually faster and often does not
involve a hearing. The court fee is £404.
If rent arrears are involved, landlords must either:
- Use the standard possession route, or
- Apply separately to recover unpaid rent
Challenging Section 21 Notice
Tenants may challenge the eviction if the notice is legally defective. Common grounds include:
- Incorrect notice format
- Served too early (within first 4 months)
- Insufficient notice period
- Fixed-term tenancy breached without break clause
- Deposit not protected
- No EPC / Gas Safety Certificate
- ‘How to Rent’ guide not provided
- Expired notice
Any of these issues may render the notice invalid.
How Can Sunrise Solicitors Help Tenants Facing A Section 21 Notice?
Our housing law specialists provide clear, practical advice and strong legal representation
tailored to your situation.
For Landlords
- Ensuring compliance with deposit and documentation rules
- Court representation in possession proceedings
- Enforcement through court bailiffs
For Tenants
- Checking notice validity
- Defending possession claims
- Challenging unlawful eviction
- Requesting extra time to find accommodation
- Protecting against harassment and illegal eviction
Our housing law specialists provide clear, practical advice and strong legal representation
tailored to your situation.
Frequently Asked Questions
A legal notice landlords use to seek possession of a property without giving a reason.
No-fault eviction notice, possession notice, notice of eviction.
Only Assured Shorthold Tenancies (AST).
At least two months.
Yes — including deposit protection, certificates, and correct documentation.
That serving the notice guarantees quick possession. In reality, the process can still involve
court proceedings and delays if not handled correctly