What is a Section 21 Eviction Notice?
A Section 21 eviction notice is a legal document that landlords in England and Wales can use to end an assured shorthold tenancy (AST) without having to give a specific reason. Often called a ‘no-fault’ eviction, this type of notice allows a landlord to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy, provided they follow the correct legal procedure.
The Section 21 notice is sometimes referred to as a notice seeking possession under the Housing Act 1988. Unlike other types of eviction notices, such as a Section 8 notice (which requires the landlord to prove a specific reason, like rent arrears or breach of tenancy), a Section 21 notice does not require the landlord to show that the tenant has done anything wrong.
To use a Section 21 notice legally, landlords must meet certain requirements:
Correct notice period: The landlord must give you at least two months’ written notice before they can begin court proceedings to evict you.
Proper form: The notice must be served using the correct form (Form 6A for most tenancies).
Timing: A Section 21 notice cannot be served during the first four months of your original tenancy.
Deposit protection: If you paid a deposit, your landlord must have protected it in a government-approved scheme and provided you with the required information.
Other legal obligations: Your landlord must have provided you with an up-to-date gas safety certificate, an Energy Performance Certificate (EPC), and the government’s ‘How to Rent’ guide.
If any of these steps are missed, the Section 21 notice may be invalid. You can check whether your landlord has followed the correct process by reviewing guidance from Section 21 of the Housing Act 1988 and seeking advice from organisations like Shelter or Citizens Advice.
It’s important to remember that receiving a Section 21 notice does not mean you must leave your home immediately. The notice is the first stage in the legal process, and you have rights and time to seek advice or challenge the notice if you believe it is not valid. For a broader overview of what to do if you have received an eviction notice, including your rights and possible next steps, see our main guidance page.
Landlord’s Responsibilities When Issuing a Section 21 Notice
When a landlord decides to serve a Section 21 eviction notice, they are legally required to follow strict procedures to ensure the notice is valid. Failing to meet these responsibilities can make the notice invalid and delay or prevent eviction.
A Section 21 notice must be given in writing and provide tenants with at least two months’ notice to leave the property. The notice cannot be given during the first four months of the original tenancy. If the landlord does not serve the notice properly – such as using the wrong form or giving less than the required notice period – the eviction process cannot legally proceed.
Before a landlord can issue a valid Section 21 notice, they must have provided tenants with certain documents:
‘How to Rent’ Guide: Landlords must give tenants the latest version of the government’s ‘How to Rent’ guide at the start of the tenancy. This guide explains tenants’ and landlords’ rights and responsibilities.
Energy Performance Certificate (EPC): Tenants must receive a valid Energy Performance Certificate (EPC) before the tenancy begins. Without this, a Section 21 notice may not be enforceable. For more details about this requirement, see When landlords cannot use section 21 notices – Shelter England.
Gas Safety Certificate: If the property has gas appliances, a valid gas safety certificate must be provided at the start of the tenancy and renewed annually.
If any of these documents have not been given to you, the landlord cannot legally serve a Section 21 notice until they have done so.
Landlords must protect your deposit in a government-approved tenancy deposit scheme within 30 days of receiving it. They must also give you information about which scheme is being used. If your deposit is not protected properly, the landlord cannot serve a valid Section 21 notice until they return the deposit or resolve the issue.
Landlords must respect specific timeframes when using a Section 21 notice:
The notice must give you at least two months to leave.
The notice cannot be used during the fixed term of your tenancy unless there is a break clause allowing it.
If you have reported issues such as disrepair and the council has served an improvement notice, your landlord may be prevented from using a Section 21 notice for a period of time.
These rules are in place to protect tenant rights and ensure that landlords act fairly and transparently. If you believe your landlord has not met their legal responsibilities, you may be able to challenge the eviction notice or delay the process.
If you are unsure whether your landlord has followed the correct procedures, consider seeking advice from a housing charity or legal adviser. Understanding your rights and your landlord’s obligations can help you make informed decisions during the eviction process.
What to Do If You Receive a Section 21 Notice
Receiving a Section 21 notice from your landlord can be unsettling, but it’s important to remember that this does not mean you have to leave your home immediately. A Section 21 notice is the first step in a legal process and does not end your tenancy straight away. Here’s what you should do if you receive one:
Not all Section 21 notices are valid. For a notice to be legally effective, your landlord must follow strict rules. For example, the notice must give you at least two months’ notice, be in writing, and use the correct form (Form 6A in England). It also can’t be served during the first four months of your tenancy or if your landlord hasn’t protected your deposit in a government-approved scheme.
You can use the Shelter Legal England – Section 21 validity checker to quickly assess the validity of the notice you’ve received. This tool can help you understand if your landlord has met all the legal requirements.
A Section 21 notice must be delivered to you properly. It can be handed to you in person, posted to your address, or sometimes sent by email (if your tenancy agreement allows for this). If you think the notice wasn’t served correctly, you may have grounds to challenge it.
Even if the notice is valid, you do not have to leave your home as soon as the notice period ends. Your landlord must apply to the court for a possession order if you stay after the notice expires. Only a court bailiff can legally evict you, and you will receive further notice before this happens.
It’s often helpful to speak with your landlord or letting agent to understand their intentions and to see if there is any flexibility. Sometimes, issues can be resolved without going through the full eviction process, especially if there are misunderstandings or if you need extra time to find alternative accommodation.
Getting advice early can help you understand your options and protect your rights. You may be able to challenge the eviction if the notice is not valid or if your landlord has not followed the correct procedure. For more information about your tenant rights, see our detailed guide.
Depending on your situation, you might be able to negotiate more time to move, find another place to live, or challenge the eviction in court. If you are worried about becoming homeless, it’s important to seek housing assistance as soon as possible. Local councils have a duty to help people at risk of homelessness.
Keep copies of all correspondence with your landlord, the notice itself, and any evidence related to your tenancy. This documentation can be useful if you need to challenge the eviction or apply for support.
Understanding your rights and the correct legal process can help you feel more in control. Remember, a Section 21 notice is just the start of a process – knowing what steps to take next is key to protecting your home and your future.
Understanding the Eviction Process Under Section 21
When you receive a Section 21 eviction notice, it’s important to understand that this notice does not immediately end your tenancy or require you to leave straight away. Instead, it begins a legal process that your landlord must follow if they want you to leave the property.
A Section 21 notice must give you at least two months’ notice. If you do not move out by the date specified in the notice, your landlord cannot simply force you to leave. Instead, they must apply to the court for a possession order to lawfully regain possession of the property. This is a formal step and is required by law under the Housing Act 1988.
If you remain in the property after the notice expires, your landlord can start court proceedings. They will apply for a possession order, which is a legal document that allows them to take back their property. The court will review whether the Section 21 notice was properly served and if all legal requirements were met. For example, your landlord must have protected your deposit in a government-approved scheme and provided you with certain documents, such as a valid gas safety certificate and the government’s “How to Rent” guide.
If the court is satisfied, it will grant the possession order. If not, the case may be dismissed or delayed, giving you more time in the property.
For more details about this stage, see the Section 21 possession process – Shelter England.
If you do not leave by the date set in the possession order, your landlord must take further action. They cannot evict you themselves; instead, they must ask the court for a warrant of possession. This allows bailiffs to remove you from the property. The court will notify you before this happens, and you will have an opportunity to seek advice or challenge the eviction if you believe there is a legal reason to do so.
The whole process can take several months, depending on how quickly your landlord acts and how busy the courts are. Typically, from the date the Section 21 notice is served to the point where bailiffs might be involved, the process can take anywhere from two to six months or more. Delays can occur if paperwork is incorrect or if you challenge the eviction in court.
For a step-by-step overview of the eviction process, including what to expect at each stage, visit our dedicated guide.
It’s also useful to understand the difference between a Section 21 notice and a Section 8 eviction notice. A Section 21 notice is a “no fault” eviction, meaning your landlord does not have to give a reason for asking you to leave. In contrast, a Section 8 notice is used when the landlord claims you have breached your tenancy agreement, such as by not paying rent.
If you are worried about being evicted, you have rights and options. You can get free advice from organisations like Shelter and Citizens Advice. For more information about your rights and the court process, see the Eviction – Citizens Advice page.
Understanding the legal steps and your rights can help you respond effectively and avoid unnecessary stress during this challenging time.
Common Reasons for Eviction and How They Relate to Section 21
Section 21 eviction notices are often called ‘no-fault’ evictions. This means your landlord does not have to give a reason for asking you to leave. Under Section 21 of the Housing Act 1988, landlords can end an assured shorthold tenancy (AST) after the fixed term has expired or during a periodic tenancy, as long as they follow the correct legal process. The key point is that you do not have to have done anything wrong for a Section 21 notice to be served.
This is different from a Section 8 eviction notice, which is used when a landlord wants to evict you for a specific reason. Common grounds for Section 8 include unpaid rent and rent arrears, damage to the property, or antisocial behaviour. With Section 8, your landlord must state the exact reasons (or ‘grounds’) for eviction and, in most cases, provide evidence to the court. For example, if you have missed several rent payments, your landlord might use Section 8, citing rent arrears as the reason.
It’s important to understand that while unpaid rent and rent arrears are among the most common reasons landlords seek eviction, these are not valid reasons for a Section 21 notice. Instead, landlords must use Section 8 if they want to rely on rent arrears or other breaches of tenancy. However, some landlords may choose Section 21 because it does not require them to prove any fault or wrongdoing on your part.
Knowing the type of notice you have received is crucial. The process, your rights, and your options for responding can be very different depending on whether you have a Section 21 or Section 8 notice. For example, you may be able to challenge a Section 8 notice if the landlord’s reasons are incorrect or if you can pay off your arrears, while Section 21 notices are generally harder to dispute unless the landlord has not followed the correct legal steps.
For more detailed information on the differences between Section 21 and Section 8 eviction notices, and what they mean for you, you can read the guidance provided by Shelter England.
Understanding these differences will help you respond in the right way and seek the right help if you are facing eviction. If you’re unsure about which notice you have received or what your next steps should be, it’s a good idea to seek advice as soon as possible.
Financial Help and Support for Tenants Facing Eviction
If you’ve received a Section 21 eviction notice and are worried about your finances, it’s important to know that help is available. Acting quickly can make a real difference and may prevent you from losing your home.
If you’re struggling to pay your rent, you might be eligible for Housing Benefit. This government support is designed to help people on a low income with their housing costs. You can apply whether you’re unemployed or working, and it may cover all or part of your rent. Housing Benefit is gradually being replaced by Universal Credit, but in some cases – such as if you’re of pension age or living in certain types of accommodation – you may still qualify.
To check if you’re eligible and for advice on how to apply, visit the Get help if you’re being evicted – Citizens Advice page. This resource offers clear guidance on the application process and what documents you may need.
Beyond Housing Benefit, there are other forms of housing assistance available to help tenants avoid eviction and homelessness. Your local council has a legal duty under the Homelessness Reduction Act 2017 to help if you are at risk of losing your home within 56 days. They can offer advice, help you negotiate with your landlord, or assist with finding alternative accommodation.
Charities and organisations such as Shelter and Citizens Advice can also provide free, confidential support. They can help you understand your rights, explore emergency grants, or access discretionary housing payments if you need extra help with your rent.
Contact your local council as soon as you get a Section 21 notice. Ask for the housing options or homelessness prevention team.
Gather relevant documents such as your tenancy agreement, eviction notice, and proof of income.
Apply for financial support like Housing Benefit or Universal Credit online or through your council.
Seek independent advice from organisations like Citizens Advice or Shelter, who can guide you through the process.
It’s always best to ask for help as soon as possible. The earlier you act, the more options you’ll have to resolve your situation, whether that’s negotiating with your landlord, applying for financial support, or finding alternative accommodation. Even if you think you won’t qualify for help, it’s worth checking your options – many tenants are surprised by the support available.
For more information on the types of help you can access, see our section on housing assistance. If you’re unsure where to start, the Get help if you’re being evicted – Citizens Advice page is a valuable first step.
Remember: you’re not alone, and help is available. Taking action early can give you the best chance of staying in your home or finding a suitable alternative.
Getting Legal Advice and Further Help
Getting legal advice as soon as you receive a Section 21 notice is essential. The law around evictions can be complex, and understanding your rights and options early on can make a significant difference to your situation. Legal advisers can help you check whether the notice you’ve received is valid – many Section 21 notices are served incorrectly, and an invalid notice may mean your landlord cannot legally evict you.
You don’t have to face this alone. There are several places where you can find free or low-cost legal advice and support. Local Citizens Advice offices, law centres, and charities specialising in housing can offer guidance. You can also reach out to tenant support organisations such as the Section 21 Notice Service, which provide expert help throughout the eviction process, including checking paperwork and explaining your next steps.
Legal advice can be particularly helpful if you believe your landlord hasn’t followed the correct procedure. For example, your landlord must give you at least two months’ notice and use the correct form (Form 6A for most tenancies started after October 2015). They must also have protected your deposit in a government-approved scheme and provided you with required documents such as a gas safety certificate and the government’s “How to Rent” guide. If any of these steps have been missed, a legal adviser can help you challenge the notice or negotiate with your landlord for more time or a better outcome.
It’s important to act quickly. Ignoring a Section 21 notice won’t make it go away and could result in court action. Early advice gives you more time to prepare and increases your chances of staying in your home or finding alternative accommodation. You may also want to learn more about your tenant rights to fully understand what your landlord can and cannot do.
If you’re worried about losing your home or need extra support, don’t hesitate to seek housing assistance. Acting promptly and getting the right advice can make all the difference when facing eviction.
