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A Section 21 notice is a legal document used by landlords in England and Wales to regain possession of a rented property let under an Assured Shorthold Tenancy (AST). It allows a landlord to seek possession without giving a reason, which is why it is often referred to as a “no-fault eviction”.
This guide explains:
What a Section 21 notice is
How the legal process works
Tenant rights and legal protections
How solicitors can assist
A Section 21 notice can be used when a landlord wants their property back and the tenancy is eligible under the law.
A landlord may use a Section 21 notice once the fixed term of an AST has ended
For example, after a 12-month tenancy expires, the landlord can request possession
A Section 21 notice can also be served during a rolling or periodic tenancy
This usually applies when the fixed term has ended and the tenancy continues month-to-month
Strict legal rules apply. If these are not followed correctly, the notice may be invalid and the landlord could risk allegations of unlawful eviction.
A Section 21 notice cannot be served within the first four months of a new tenancy
The tenant must be given at least two months’ notice
The notice cannot expire before the end of the fixed term
Landlords must use Form 6A, which is the prescribed Section 21 notice
A custom notice may be used only if it contains exactly the same information as Form 6A
Before serving a Section 21 notice, landlords must have:
Protected the tenant’s deposit in a government-approved scheme
Provided the tenant with:
The How to Rent Guide
A valid Energy Performance Certificate (EPC)
A valid Gas Safety Certificate
Failure to comply can invalidate the notice.
A Section 21 notice is valid for six months from the date of service
Court proceedings must be started within this period
If the landlord fails to apply to court in time, a new notice must be served
Once all legal requirements are met:
Complete Form 6A
Serve a copy on each tenant named on the tenancy agreement
Keep clear records of service and supporting documents
Landlords should retain copies of:
The notice
Proof of service
EPC, Gas Safety Certificate, How to Rent Guide
Deposit protection confirmation
Often the most reliable method
If the tenant refuses to acknowledge receipt, a Certificate of Service (N215) can be completed
Provides evidence that the notice was sent
Useful where service may later be disputed
The notice may be left at the property
Landlords are advised to take timestamped photos as proof
Tenants are protected by law and should understand their rights if a Section 21 notice is served incorrectly.
A tenant may challenge a Section 21 notice if:
Their deposit was not protected correctly
Required documents were not provided
The notice was served too early or incorrectly
The Deregulation Act 2015 protects tenants from “revenge evictions”
A Section 21 notice may be invalid if it was served after a tenant complained about:
Disrepair
Damp or mould
Health and safety hazards
Tenants do not have to leave when the notice expires
They can remain until a court grants a possession order
If court action is not started within six months, the notice expires
Tenants should:
Read the notice carefully and check the dates
Speak to the landlord to clarify any issues
Consider negotiating more time to move
Seek legal advice if the notice appears invalid
Important: A landlord cannot legally evict you without a court order.
If you believe the notice is invalid or unfair:
Gather key documents such as:
Tenancy agreement
Deposit protection details
Correspondence with the landlord
Collect evidence of disrepair or unresolved complaints
Report serious issues to your local council
Ask the landlord to withdraw and re-serve a compliant notice
If the landlord refuses, the court may:
Declare the notice invalid
Require the landlord to correct legal failings
If the tenant remains after the notice expires:
The landlord must apply for a possession order
Accelerated possession proceedings may be used where no rent arrears are claimed
If the tenant still does not leave:
Bailiffs may enforce the eviction through a warrant of possession
No reason required
Used when the landlord wants possession only
Used when the tenant has breached the tenancy
Common reasons include:
Rent arrears
Anti-social behaviour
Breach of tenancy terms
Yes, landlords may serve both notices at the same time
This is common where rent arrears exist and possession is sought
Plans to abolish Section 21 have been proposed by successive governments
The current position is that Section 21 remains in force
Abolition is expected only once court reform measures are in place
Costs vary depending on complexity and legal support used.
Typical costs include:
Solicitor fees: £500 – £1,500
Notice drafting: £100 – £300
Legal advice if challenging the notice
Legal aid may be available in some cases
Accelerated possession claim: up to £355
Additional bailiff fees may apply
Figures correct at the time of writing
At Zavri Law, we provide clear, practical advice for both landlords and tenants.
Experienced landlord and tenant solicitors
Tailored advice based on your situation
Full compliance with current housing law
Understanding how Section 21 notices work is essential to avoid unlawful eviction or unnecessary delays.
Whether you are a landlord seeking possession or a tenant protecting your rights, our team can help ensure the process is handled correctly and lawfully.
Contact Zavri Law today for expert guidance on Section 21 notices.
This content is provided for general information purposes only and does not constitute legal advice. Laws and procedures may change, and individual circumstances vary. You should always seek advice from a qualified solicitor before taking action.
