Section 21 Notice in the UK: What Landlords Need to Know

A Section 21 notice is the most common way a UK landlord ends an Assured Shorthold Tenancy without needing a reason. This guide covers the legal requirements, valid notice periods, how to serve it correctly, and what happens if you get it wrong.

What the Law Says

The key legislation governing Section 21 notices in England:

• Housing Act 1988 s.21 — the primary power to end an AST by notice; sets out the notice requirements and court process
• Housing and Planning Act 2016 — introduced the requirement for landlords to protect tenant deposits in a Government-approved scheme within 30 days of receipt
• Tenant Fees Act 2019 — banned certain tenant fees and introduced additional pre-conditions that must be met before a valid Section 21 notice can be served (EPC rating E or above, gas safety, How to Rent guide)
• Renters' Rights Bill 2024 — will abolish Section 21 'no fault' evictions on commencement. Landlords should monitor gov.uk for commencement dates. Existing notices served before the ban remain valid.

When You Can Serve a Section 21 Notice

Before you can legally serve a Section 21 notice, all of the following conditions must be met. If any are missing, the notice may be invalid and the court may refuse possession.

Important: If you have failed to protect the deposit within 30 days, you cannot serve a valid Section 21 notice until the deposit is protected. You may also face a financial penalty of 1–3x the deposit amount.

How to Serve the Notice

Step 1 — Use the correct form

The prescribed form for a Section 21 notice is Form 6A (for properties in England). This must be used — using an informal letter or a different format may invalidate the notice. The form is available at gov.uk.

Step 2 — Give the correct notice period

The notice period depends on when the tenancy started:

• Tenancies that started or became periodic on or after 1 October 2015: minimum 2 months' notice
• Tenancies that started before 1 October 2015 (fixed term): minimum 4 months' notice

The notice period cannot expire before the end of the fixed term (unless you are in a periodic tenancy).

Step 3 — Serve the notice correctly

The notice must be in writing. You can serve it:

• In person — give it to the tenant or leave it at the property
• By post — sent to the tenant's last known address; allow extra days for postage
• By email — only if the tenant has agreed in writing to receive notices electronically

Keep proof of service — a signed certificate of posting from the Post Office, a witnessed delivery, or a read receipt if sending by email. This evidence matters if the tenant later claims not to have received it.

After the Notice Period Expires

If the tenant has not left by the end of the notice period, you must apply to the County Court for a Possession Order. You cannot change the locks or evict the tenant yourself — doing so is illegal and could expose you to criminal liability and civil damages.

Frequently Asked Questions

What is a Section 21 notice?

A Section 21 notice is a formal notice a landlord gives to a tenant to end an Assured Shorthold Tenancy without needing to give a reason. It is sometimes called a 'no-fault eviction notice' because the landlord does not have to prove the tenant has done anything wrong. Under the Tenant Fees Act 2019 and subsequent reforms, landlords must follow strict procedures and meet certain pre-conditions before a Section 21 notice can be valid.

When can I serve a Section 21 notice on my tenant?

You can serve a Section 21 notice only if: the tenancy has passed its fixed-term (or you are within a periodic tenancy); the property is let as an Assured Shorthold Tenancy; the tenant has paid a deposit that is protected in a Government-approved scheme within 30 days; the property has an EPC with a rating of at least E (unless an exemption applies); the property has a valid Gas Safety Certificate; and the property has a How to Rent guide that has been provided. If any of these conditions are not met, the notice may be invalid.

How long does a Section 21 notice take to work?

The notice period depends on the type of tenancy. For periodic tenancies or those that started after 30 September 2015, you must give at least 2 months' notice. For fixed-term tenancies that started before 1 October 2015, 4 months' notice is required. After the notice period expires, if the tenant has not left voluntarily, you must apply to the County Court for a possession order. This can take several more weeks depending on the court's caseload and whether the tenant defends the claim.

Can a tenant challenge a Section 21 notice?

Yes. A tenant can challenge a Section 21 notice on procedural grounds — for example, if the landlord failed to protect the deposit, did not provide a valid EPC or gas safety certificate, failed to give the correct notice period, or used an invalid form. Tenants cannot simply refuse to leave because they do not want to go — genuine procedural failures are the only grounds for a valid challenge. Courts can also stay or adjourn possession proceedings if the tenant has made a complaint to the local housing authority about habitability conditions.

What is the 'no fault eviction' ban?

The Renters' Rights Bill (passed 2024) will abolish Section 21 'no fault' evictions when it comes into force — replacing them with a new court-based process that requires landlords to demonstrate a valid ground for possession. Until the Act is commenced, Section 21 remains valid and usable. Landlords should stay updated on commencement dates via gov.uk. Existing Section 21 notices served before the ban takes effect will remain valid.

Do I need a solicitor to serve a Section 21 notice?

No — landlords can serve a Section 21 notice themselves without a solicitor. However, if the tenant defends the claim, if you are uncertain whether all pre-conditions are met, or if the property has compliance issues, a solicitor's advice is strongly recommended. An invalid notice wastes time and money.