Introduction to Section 21 Notices
A Section 21 notice is a formal document that landlords in England use to end an assured shorthold tenancy (AST). Its main purpose is to give tenants notice that the landlord wants to regain possession of the property, either at the end of a fixed-term tenancy or during a periodic (rolling) tenancy. Unlike other eviction routes, a Section 21 notice does not require the landlord to provide a reason for asking the tenant to leave. This is why it is often referred to as a ‘no-fault’ eviction notice.
Section 21 notices are a key part of the legal process for regaining possession of a rental property. However, strict legal requirements must be followed for the notice to be valid. For example, landlords must use the correct form, give the right amount of notice, and ensure they have met all their legal obligations, such as protecting the tenant’s deposit and providing certain documents. Failing to follow these rules can make the notice invalid, meaning you may not be able to evict the tenant.
It is important to note that Section 21 notices can only be used with assured shorthold tenancies in England. If you are unsure about the type of tenancy you have, or if you want to learn more about the wider process of removing tenants, see our main guide: How to Legally Evict a Tenant.
You do not need to explain why you want the tenant to leave when serving a Section 21 notice. This makes it different from a Section 8 notice, which is used when the tenant has breached the terms of the tenancy agreement. For more information on what a Section 21 notice is and how it affects tenants, you may find it helpful to read: What to Do If You Receive a Section 21 Eviction Notice in the UK.
The rules surrounding Section 21 notices are set out in the Housing Act 1988, Section 21. This is the main law that governs how and when these notices can be used. Understanding these requirements is essential for landlords who want to ensure they are acting within the law.
When Can a Section 21 Notice Be Used?
A Section 21 notice can only be used in specific circumstances, and following the correct timing rules is essential. First and foremost, the tenancy must be an assured shorthold tenancy (AST). This is the most common type of tenancy in England for private landlords. If your agreement is not an AST, you cannot use a Section 21 notice.
Timing is crucial. You cannot serve a Section 21 notice within the first four months of the original tenancy. For example, if your tenant moved in on 1 January, you must wait until at least 1 May before serving the notice. This rule applies even if the tenancy has been renewed or rolled over into a periodic tenancy.
Before serving a Section 21 notice, landlords must have met several legal requirements. These include protecting the tenant’s deposit in a government-approved scheme and providing documents such as the Energy Performance Certificate, Gas Safety Certificate, and the government’s “How to Rent” guide. If you haven’t fulfilled these obligations, the notice will not be valid. For more on these duties, see Landlord’s Responsibilities When Issuing a Section 21 Notice.
There are also restrictions around ‘retaliatory eviction’. If a tenant has complained in writing about the condition of the property and the local council has served an improvement or emergency remedial notice, you cannot use a Section 21 notice for six months after the council’s action.
Recent changes to the law have affected notice periods. Currently, landlords must give tenants at least two months’ notice. However, this period may be longer if required by the tenancy agreement or due to temporary government measures, so always check the latest guidance.
Section 21 can be used for both fixed-term and periodic tenancies, but the timing differs slightly. For a fixed-term tenancy, you can serve notice towards the end of the term, but the notice must not expire before the end of the fixed term. For periodic tenancies (rolling weekly or monthly agreements), you can serve notice at any time after the first four months, as long as you give at least two months’ notice.
Understanding these rules helps ensure your Section 21 notice is valid and avoids unnecessary delays or legal issues.
Legal Requirements for Serving a Section 21 Notice
Before serving a Section 21 notice, landlords must meet several strict legal requirements. Failing to follow these rules can make the notice invalid and delay the eviction process.
1. Deposit Protection
If you took a tenancy deposit, it must be protected in a government-approved deposit scheme. You must also provide your tenant with details about where their deposit is held. If you have not done this, you cannot legally serve a Section 21 notice until the issue is corrected.
2. Providing Key Documents
Landlords are required to give tenants certain documents before serving notice. These include:
- The property’s Energy Performance Certificate (EPC). This shows how energy-efficient the property is. You can find out more about EPC requirements on GOV.UK.
- The latest Gas Safety Certificate, if there are any gas appliances in the property.
- The current version of the government’s ‘How to Rent’ guide. This must be given to the tenant at the start of the tenancy and whenever it is updated. You can download the official guide from How to rent – GOV.UK.
If you have not provided any of these documents, you must do so before you can serve a valid Section 21 notice.
3. Notice Format and Addressing
The notice itself must be in writing. You should use the correct form (Form 6A for assured shorthold tenancies in England). Make sure it is addressed to all tenants named on the tenancy agreement. Any mistakes in the notice, such as using the wrong names or addresses, can make it invalid.
4. Minimum Notice Period
You must give your tenants at least two months’ notice to leave the property. The notice period starts from the date the tenant receives the notice, not the date you send it.
5. Other Legal Considerations
You cannot serve a Section 21 notice within the first four months of a new tenancy. There are also restrictions if the property requires a licence (such as an HMO licence) and you do not have one.
It’s important to follow all these steps carefully. Mistakes can lead to delays and may require you to start the process again. For a deeper understanding of your duties as a landlord, see our guide on Landlord’s Responsibilities When Issuing a Section 21 Notice.
How to Serve a Section 21 Notice Correctly
When serving a Section 21 notice, it’s essential to follow the correct procedure to ensure the eviction is legally valid. There are several accepted ways to serve the notice. You can deliver it to the tenant in person, send it by recorded delivery post, or use another method specified in the tenancy agreement. If you choose to post the notice, always use a service that provides proof of delivery, such as recorded or special delivery. If delivering by hand, consider taking a witness with you or asking the tenant to sign a copy to confirm receipt.
Keeping proof of service is crucial. If the tenant disputes receiving the notice, you may need to show evidence in court. Acceptable proof includes a postal receipt, a signed acknowledgement from the tenant, or a witness statement. Always keep copies of the notice and any correspondence about its delivery.
The notice must clearly state the date by which the tenant must leave the property. This date should give at least two months’ notice and fall after the fixed term of the tenancy ends. Double-check the dates to avoid errors that could invalidate the notice.
Before serving the notice, review the tenancy agreement. Some agreements outline specific methods for serving legal notices, such as requiring delivery to a particular address. Also, check if your local council has additional requirements or guidance for serving eviction notices.
Timing and clear communication can help prevent misunderstandings. Serve the notice well in advance, and consider speaking with your tenant to explain the process. This can reduce the risk of disputes and make the transition smoother for both parties.
For more details on your obligations as a landlord and tips for handling the process fairly, see Landlord’s Responsibilities When Issuing a Section 21 Notice.
Section 21 Notice Template
Below is a simple Section 21 notice template you can use to start the eviction process at the end of an assured shorthold tenancy (AST) in England. It is vital to use the most up-to-date version and tailor it to your specific situation. Errors or missing information can make your notice invalid, so take care to complete every section accurately.
Section 21 Notice to Quit – Possession of a Property Let on an Assured Shorthold Tenancy
To: [Tenant’s full name(s)]
Of: [Property address]
From: [Landlord’s full name(s) and address]
Date of notice: [Insert date]
Dear [Tenant’s name(s)],
I am giving you notice under Section 21 of the Housing Act 1988 that I require possession of the property at [property address] after [insert notice period – usually at least 2 months] from the date you receive this notice.
You are required to leave the property on or after [date the notice period ends].
Signed: [Landlord’s signature]
Date: [Insert date]
What to Include in Your Section 21 Notice
Each part of the template is important:
- Tenant’s full name(s) and address: Make sure you use the correct legal names and the full address of the property being let.
- Landlord’s details: Include your full name and address. If there are joint landlords, list all names.
- Date of notice: This is the date you serve the notice to the tenant.
- Notice period: Normally, you must give at least two months’ notice. Double-check the current legal requirements, as these can change.
- End date: Clearly state the date after which you require possession.
- Signature: Sign and date the notice.
Personalising the Template
Always fill in the template with the specific details of your tenancy. Double-check all names, dates, and addresses for accuracy. If you have more than one tenant, address the notice to all tenants named on the tenancy agreement.
Important Warnings
Do not use old templates or forms, as the law and requirements can change. Using an outdated or incorrectly worded notice could mean your eviction is delayed or dismissed by the court. Make sure you are using the latest government-approved template and that your notice complies with all current regulations.
For more on your legal obligations when serving a Section 21 notice, and to understand the tenant’s perspective, you may find it helpful to read about the landlord’s responsibilities when issuing a Section 21 notice.
If you are unsure, seek legal advice or consult your local authority before serving notice. This helps ensure you follow the correct process and avoid costly mistakes.
After Serving the Section 21 Notice
Once you have served a Section 21 notice, the next steps depend on how your tenant responds. The notice gives your tenant a minimum of two months to leave the property. During this period, tenants may decide to move out voluntarily by the date specified in the notice. In many cases, this is what happens, and the tenancy ends smoothly.
However, tenants are not legally required to leave until you obtain a court order. If the tenant does not move out by the deadline, you cannot remove them yourself. Attempting to do so could be considered an illegal eviction, which is a serious offence. It’s vital to follow the correct legal process at every stage to protect your rights as a landlord and avoid legal action against you.
If your tenant stays beyond the notice period, your next step is to apply to the court for a possession order. This is a formal request for the court to order the tenant to leave. Many landlords use the online service to start this process. You can learn more and begin your application on the Possession Claim Online: recover property – GOV.UK website.
The court will review your application and may grant a possession order if all legal requirements have been met. If the tenant still does not leave after the court order, you may need to ask the court for a warrant for eviction, allowing bailiffs to remove the tenant.
Throughout this process, it is important to keep clear records of all communication and documents. Never try to change the locks or remove the tenant’s belongings yourself. Doing so could result in a claim for illegal eviction.
For tenants, facing eviction can be stressful and may lead to homelessness. There is support available. Local councils have a duty to help people who are at risk of losing their homes. You can find out more about when the council must help by visiting When the Council Must Rehouse You: Main Housing Duty. Additional advice and emergency accommodation options are also available for those in urgent need – see Homelessness Support for more information.
If domestic abuse is a concern, special housing options exist to provide safety and support. Visit Refuge Housing for Domestic Abuse to explore these resources.
For tenants who have received a Section 21 notice and want to know their rights or next steps, our guide on What to Do If You Receive a Section 21 Eviction Notice in the UK explains the process and where to get help.
By following the correct procedures and seeking advice when needed, both landlords and tenants can ensure their rights are respected and avoid unnecessary legal problems.
Alternatives and Related Notices
When considering eviction, it’s important to know that a Section 21 notice isn’t the only legal route available to landlords. In some situations, you may need to use a different type of notice, depending on the circumstances.
One common alternative is the Section 8 notice. This is typically used when a tenant has breached the terms of their tenancy agreement, such as by failing to pay rent or causing damage to the property. Unlike Section 21, which does not require you to give a reason for eviction, Section 8 requires you to specify the grounds for possession. If you believe your tenant has broken the rules of their agreement, you can find further guidance and a Section 8 notice template to help you through the process.
It’s also essential to recognise the difference between evicting tenants and lodgers. The legal process for removing a lodger is different and usually simpler, as lodgers have fewer rights than tenants. For more details on this process, see our guide on evicting a lodger legally.
Choosing the correct notice is crucial. Using the wrong notice can delay the process and may even lead to your case being thrown out of court. For example, Section 21 is generally used at the end of an assured shorthold tenancy, while Section 8 is for breaches during the tenancy. If you’re unsure which notice applies to your situation, it’s always wise to seek professional legal advice.
For more on your responsibilities as a landlord when issuing a Section 21 notice, you can read about landlord’s responsibilities when issuing a Section 21 notice. This will help you stay compliant with current regulations and avoid common pitfalls.
Additional Tips for Private Landlords
Managing an eviction as a private landlord can be challenging, but taking a professional and organised approach will help the process go smoothly and reduce the risk of legal problems.
Keep detailed records
Always keep copies of all correspondence with your tenant, including emails, letters, and notes from phone calls. Document every step of the eviction process – such as when you served the Section 21 notice, any responses from the tenant, and any agreements made. Good records can provide vital evidence if there are disputes or if the case goes to court.
Communicate clearly and fairly
Maintain open and respectful communication with your tenant throughout the process. Make sure all notices and letters are clear, accurate, and sent using the correct methods. Remaining calm and professional helps to avoid unnecessary conflict and demonstrates that you are acting reasonably.
Check your legal compliance
Before serving a Section 21 notice, ensure you have met all legal requirements. This includes protecting the tenant’s deposit in a government-approved scheme and providing the required documents, such as the Energy Performance Certificate and the “How to Rent” guide. Failing to follow these rules can make your notice invalid and delay the eviction.
Stay up to date with regulations
Laws affecting landlords can change, so it’s important to check for any recent updates before starting the eviction process. For a step-by-step overview of your responsibilities and the legal process, see our guide on how to legally evict a tenant as a private landlord in the UK.
Act fairly and professionally
Even if the situation is difficult, treat your tenant with respect and fairness. Avoid any actions that could be considered harassment or illegal eviction. Remember, following the correct legal process protects you as well as your tenant.
For more on your responsibilities when serving a Section 21 notice, you may also find it helpful to read about the landlord’s responsibilities when issuing a Section 21 notice. Staying informed and organised will help you manage the process confidently and within the law.
Further Resources and Support
Navigating the eviction process can be challenging for both landlords and tenants. It’s important to have access to accurate information and the right support. Below, you’ll find useful resources to help you understand your rights and responsibilities, as well as where to find official guidance and legal forms.
Official Government Guidance:
The UK government provides up-to-date information on the eviction process, including how to serve a Section 21 notice, legal requirements, and downloadable forms. Always use the latest templates to ensure your notice is valid.
Tenant Support Organisations:
If you’re a tenant facing eviction, there are organisations that offer free advice and support. Shelter, Citizens Advice, and local housing charities can help you understand your rights and what steps to take if you receive a Section 21 notice.
Landlord Resources:
Landlords should stay informed about their broader responsibilities, not just when evicting tenants. For comprehensive guidance on legal obligations and best practices, see the official advice on Renting Out to Private Tenants.
Understanding Your Situation:
Whether you’re a landlord or a tenant, it’s crucial to know what to do if a Section 21 notice is involved. For more details on landlord duties and tenant options, read about Landlord’s Responsibilities When Issuing a Section 21 Notice.
When to Seek Professional Help:
Eviction laws can be complex, and mistakes may lead to delays or legal issues. If you’re unsure about any part of the process, consider consulting a solicitor or a specialist adviser.
If you have more questions or need tailored support, Contend’s AI Legal Assistant is here to help. You can get clear, personalised answers about Section 21 notices, step-by-step guidance based on your situation, or even help drafting compliant documents and letters. Let Contend make the legal process simpler and more manageable for you.
