What is a Section 21 Eviction Notice?
A Section 21 eviction notice is a formal letter from a landlord to a tenant, asking them to leave a rented property. It is often called a "no fault" eviction notice, because the landlord does not have to give a specific reason for wanting the tenant to leave. This process is set out in Housing Act 1988, Section 21, which explains the legal rules landlords must follow.
The main purpose of a Section 21 notice is to allow landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy, without needing to prove the tenant has done anything wrong. This is different from a Section 8 notice, which is used when a landlord wants to evict a tenant for specific reasons, such as unpaid rent or damage to the property.
Landlords usually use Section 21 notices when they want to sell the property, move in themselves, or simply do not wish to renew the tenancy. However, strict rules apply. For example, the notice must be given in writing, and the correct notice period must be provided. If these rules are not followed, the notice may not be valid.
If you receive a Section 21 notice, it is important to check that it has been served properly. You can find out more about the specific requirements in our Introduction to Section 21 Notices.
Understanding how Section 21 fits into the wider legal landscape can also be helpful. For a general overview of eviction notices and your rights as a tenant, see our guide on Eviction Notices in the UK: Legal Overview.
Landlord’s Responsibilities When Serving a Section 21 Notice
When a landlord serves a Section 21 eviction notice, they must follow strict legal rules. If these rules are not met, the notice may be invalid, and the eviction could be delayed or stopped. Below are the key responsibilities landlords must fulfil before and when serving a Section 21 notice.
Legal Requirements Before Serving a Section 21 Notice
Before a landlord can issue a Section 21 notice, they must have met several obligations. These include:
- Protecting your deposit in a government-approved scheme and providing you with the prescribed information about it.
- Giving you a valid gas safety certificate for the property. This must be provided before you move in and kept up to date. For more details on what this involves, see the official guidance from the Gas Safe Register.
- Providing you with an up-to-date Energy Performance Certificate (EPC). This document shows how energy efficient your home is. Learn more about Energy Performance Certificates (EPCs) and why they matter.
- Supplying you with the government’s ‘How to Rent’ guide at the start of your tenancy.
If any of these requirements have not been met, your landlord cannot legally serve a valid Section 21 notice.
Notice Format and Minimum Notice Period
The Section 21 notice must be in writing and use the correct form (Form 6A for most tenancies). The notice must give you at least two months’ notice before you have to leave the property. This period may be longer if your tenancy agreement specifies a longer notice period.
The notice cannot ask you to leave before the end of your fixed term, unless there is a break clause in your tenancy agreement. If you are unsure whether the notice has been correctly served, you can compare it with the legal requirements for serving a Section 21 notice.
Documents Landlords Must Provide
To serve a valid Section 21 notice, your landlord must have already given you:
- The latest gas safety certificate
- A valid EPC
- Deposit protection information
- The ‘How to Rent’ guide
If any of these are missing, the notice may not be enforceable.
Restrictions on Serving a Section 21 Notice
There are restrictions on when a landlord can serve a Section 21 notice. For example:
- It cannot be used as a form of retaliation if you have recently complained about repairs or poor conditions (known as retaliatory eviction).
- The notice cannot be served within the first four months of your original tenancy.
- If your landlord has not addressed a council improvement notice or emergency works notice, they cannot use Section 21.
Understanding these rules can help you check if your landlord has followed the correct process. If you believe any of these responsibilities have not been met, you may have grounds to challenge the eviction.
If you need more information or advice, consider seeking help from a housing charity or your local council.
Your Rights as a Tenant Receiving a Section 21 Notice
Receiving a Section 21 notice can feel unsettling, but it’s important to know that you still have rights and options. Understanding these rights can help you make informed decisions and avoid unnecessary stress.
You do not have to leave immediately.
A Section 21 notice is the first step in the eviction process. It simply means your landlord wants to end your tenancy, but you are not required to move out as soon as you receive the notice. The notice must give you at least two months to find alternative accommodation. During this period, you can continue to live in your home and are still responsible for paying rent.
Check if your landlord has followed the correct procedure.
Landlords must follow strict rules when issuing a Section 21 notice. For example, the notice must be in writing and provide the correct amount of notice. If your landlord has not met all the legal requirements, the notice may be invalid. You have the right to challenge the eviction if the process has not been followed correctly. Learn more about how to challenge an eviction and the legal steps involved.
Consider negotiating with your landlord.
If you need more time to move or have concerns about the notice, you can try to negotiate with your landlord. Sometimes, landlords are willing to extend the notice period or help you find a solution. Open communication can be beneficial for both parties.
Seek independent advice and support.
You do not have to face this situation alone. Housing charities, local councils, and legal advisers can offer guidance. If you are being evicted by a council or housing association, there are specific protections and support available. Find out more about your rights if facing eviction by the council or housing association.
What happens after the notice period?
If you do not leave by the end of the notice period, your landlord must apply to the court to evict you legally. You cannot be forced out without a court order. For more details on what happens after a Section 21 notice is served, see our guide on what to expect after receiving a Section 21 notice.
Knowing your rights is the first step to protecting yourself. Take time to understand your options and get help if you need it.
The Section 21 Eviction Process: Step by Step
If you receive a Section 21 eviction notice, it’s important to understand each stage of the process and what your rights are at every step. Here’s what typically happens after your landlord serves a Section 21 notice.
1. Serving the Notice
Your landlord must give you written notice that they want you to leave the property. This is called a Section 21 notice. The notice must be properly completed and served according to the law. In most cases, your landlord must give you at least two months’ notice. However, the notice period can vary if you have a periodic tenancy or if there are special circumstances.
For a more general overview of eviction laws and your rights as a tenant, see our guide on Eviction Law in the UK: An Overview.
2. The Notice Period
After you receive the notice, you do not have to leave immediately. The notice period is the minimum amount of time your landlord must give you before they can take further action. Use this time to look for alternative accommodation, seek advice, and consider your options. It’s also a good idea to check that your landlord has followed all the correct legal steps, as mistakes can make the notice invalid.
3. If You Don’t Leave by the Deadline
If you stay in the property after the notice period ends, your landlord cannot simply evict you. They must apply to the court for a possession order. You do not have to leave until the court orders you to do so. This is your legal right, and you cannot be forced out without a court order.
4. Court Proceedings
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 telling you to leave the property. You will receive court papers and have an opportunity to respond. You may be able to challenge the eviction if the notice was not served correctly or if your landlord has not followed the proper process.
For detailed information about the court process and what to expect, the official guide on Understanding the possession action process: A guide for private landlords in England – GOV.UK is a helpful resource for both landlords and tenants.
5. Possession Orders and Bailiffs
If the court grants a possession order, it will set a date by which you must leave. If you still do not leave by this date, your landlord can apply for a warrant of possession. This allows court bailiffs to remove you from the property. Bailiffs will give you notice before they arrive, so you will not be evicted without warning.
Practical Advice
- Always keep copies of all documents and correspondence.
- Seek advice from a housing charity or solicitor if you are unsure about any part of the process.
- Do not ignore court papers – respond promptly to any correspondence from the court.
Understanding each stage of the Section 21 eviction process can help you protect your rights and make informed decisions. If you need more support, there are organisations and legal professionals who can help guide you through the process.
How to Respond if You Receive a Section 21 Notice
Receiving a Section 21 eviction notice can be stressful, but there are important steps you can take to protect yourself and plan your next move. Here’s what you should do if you get one:
1. Check the Notice Carefully
First, make sure the notice is valid. It should give you at least two months’ notice and be in writing. The notice must also follow strict legal rules. If you’re unsure, seek advice from a housing charity or legal adviser. Understanding what happens after a Section 21 notice is served can help you know your rights and the process your landlord must follow.
2. Talk to Your Landlord
Open communication can sometimes help. Ask your landlord why they are asking you to leave and see if there’s any way to resolve the situation. If you need more time to find somewhere to live, your landlord may be willing to negotiate. Keep a record of all conversations in writing.
3. Get Legal Advice and Support
Don’t face this alone. Contact your local council’s housing department or a tenants’ rights organisation for help. They can explain your rights, check if the notice is valid, and advise you on your options. If you’re worried about being made homeless, your council may be able to help you find alternative accommodation.
4. Consider Your Housing Options Early
Start looking for alternative accommodation as soon as possible. Waiting until the last minute can limit your choices. If you’re on a low income or worried about paying rent, you might qualify for Housing Benefit. Learn more about who can get Housing Benefit and how to apply to help cover your rent costs.
5. Apply for Housing Benefit if Needed
If you are struggling to pay your rent, apply for Housing Benefit straight away. This can help prevent rent arrears and reduce the risk of losing your home. The government provides a clear guide on how to claim Housing Benefit.
6. Deal with Rent Arrears Promptly
If you already owe rent, act quickly. Speak to your landlord about a repayment plan and seek advice from a debt adviser. Ignoring rent arrears can make it harder to find a new place to live. For more help, read our guide on your rights and what to do if you owe rent.
7. Keep Records
Keep copies of the notice, all letters, emails, and notes of conversations with your landlord or letting agent. This can be useful if there are disputes or if you need to prove your case in court.
Facing eviction is never easy, but by acting early and knowing your rights, you can make the process less daunting and improve your chances of finding a suitable new home.
Additional Support and Resources
Facing a Section 21 eviction notice can be stressful, but you do not have to go through it alone. There is support available to help you understand your options and protect your rights.
Where to Get Help
If you are worried about eviction, contact your local council’s housing department as soon as possible. They can explain your rights, help you check if the notice is valid, and may be able to offer emergency accommodation if you are at risk of homelessness.
You can also seek advice from independent organisations such as Citizens Advice and Shelter. These charities provide free, confidential support and can help you prepare for the next steps, including what to expect if your case goes to court. For more details on the legal process, see our guide to Eviction Hearings in the UK: Legal Overview.
Support for Vulnerable Tenants
If you are a vulnerable tenant – such as someone with a disability, mental health condition, or you are an older person – let your support worker or GP know about your situation. They may be able to help you access extra support or advocacy services.
For survivors of domestic abuse, it is crucial to seek specialist help. You may need safe accommodation urgently. Organisations like Refuge can provide confidential advice and help you find a secure place to stay. Learn more about Refuge Housing: Safe Accommodation for Domestic Abuse Survivors if you need to leave your home quickly and safely.
Local Housing Advice and Charities
Local housing advice services are a vital resource. They can help you negotiate with your landlord, check if your notice is valid, and apply for benefits or emergency housing. Many councils also work with charities that specialise in supporting people facing eviction.
Remember, acting quickly increases your options. Don’t wait until the last minute to ask for help. Reach out to the services above, and keep records of all communications with your landlord and any advice you receive. This can be important if you need to challenge your eviction or apply for housing support.
Comparing Section 21 and Section 8 Eviction Notices
Understanding the difference between Section 21 and Section 8 eviction notices is important if you’re renting in the UK. Both are legal ways for landlords to seek possession of their property, but they work in different ways and for different reasons.
A Section 21 notice is often called a “no-fault” eviction. This means your landlord does not need to give a reason for asking you to leave, as long as they follow the correct procedure. It’s commonly used when the fixed term of your tenancy has ended or if you have a periodic tenancy. For more on how landlords use Section 21 notices, see our guide on Section 21 notice templates and legal requirements.
In contrast, a Section 8 eviction notice is served when a landlord believes you have broken the terms of your tenancy agreement. Common reasons include rent arrears, causing damage to the property, or other breaches like antisocial behaviour. With a Section 8 notice, the landlord must state the specific grounds for eviction, and these must be set out in law. If you’re behind on rent or have breached your agreement, you might receive a Section 8 notice instead of a Section 21.
If you want to understand more about Section 8 notices – including the grounds landlords can use and what to do if you receive one – read our detailed guide on what to do if you receive a Section 8 eviction notice. For a general overview, you can also check the Section 8 notice page on Wikipedia.
If you’re unsure which notice you’ve received or what your next steps should be, Contend’s AI Legal Assistant can help. It can answer your questions about eviction notices, explain your rights, and offer guidance tailored to your situation. You can even use Contend to help draft letters or documents you might need to respond to your landlord or the court. Get clear, practical support whenever you need it.
