A Section 21 eviction notice is a legal tool used by landlords in England and Wales to regain possession of their property from assured shorthold tenants (ASTs) without providing a reason. Unlike a Section 8 notice, which requires grounds such as rent arrears or property damage, a Section 21 notice allows landlords to end a tenancy after a fixed term expires or during a periodic tenancy, provided they follow the correct legal process.
This guide explains how a Section 21 notice works, the steps landlords must take, and the rights tenants have when facing eviction. For expert guidance, landlords can seek first4 landlord advice to ensure compliance with the law.
What Is a Section 21 Notice?
A Section 21 notice (also called a "no-fault eviction") is issued under Section 21 of the Housing Act 1988. It allows landlords to evict tenants without stating a reason, as long as:
The tenancy is an assured shorthold tenancy (AST).
The fixed term has ended (or there is a break clause).
The landlord has followed all legal requirements (e.g., protecting the deposit, providing the correct documents).
Landlords cannot use a Section 21 notice during the fixed term unless there is a break clause.
When Can a Landlord Serve a Section 21 Notice?
1. After the Fixed Term Ends
A landlord can serve a Section 21 notice once the initial fixed-term tenancy (e.g., 6 or 12 months) has expired.
2. During a Periodic Tenancy
If the tenancy has become a "rolling" monthly/weekly agreement (periodic tenancy), the landlord can issue a Section 21 notice at any time.
3. If There Is a Break Clause
Some tenancy agreements include a break clause, allowing the landlord to end the tenancy early (e.g., after 6 months in a 12-month tenancy).
Legal Requirements for a Valid Section 21 Notice
Before serving a Section 21 eviction notice, landlords must ensure they have:
✅ Protected the Tenant’s Deposit
The deposit must be placed in a government-approved tenancy deposit scheme (TDP).
The tenant must receive prescribed information about where their deposit is held.
✅ Provided Required Documents
Landlords must give tenants:
A copy of the property’s Energy Performance Certificate (EPC).
A current Gas Safety Certificate (if applicable).
The How to Rent Guide (for ASTs in England).
Failure to provide these documents makes the Section 21 notice invalid.
✅ Given Proper Notice Period
The notice period must be at least 2 months.
The expiry date must align with the tenancy period (e.g., if rent is paid monthly, the notice should end on the last day of a rental period).
✅ Used the Correct Form
Landlords must use Form 6A (in England) or a letter containing the same information (in Wales).
How to Serve a Section 21 Notice
Check Eligibility – Ensure the tenancy is an AST and all legal requirements are met.
Fill Out Form 6A – Use the correct form for the Section 21 eviction notice.
Serve the Notice – Deliver it by hand, email (if agreed), or recorded post.
Wait for the Notice Period – The tenant has at least 2 months before the landlord can apply for a possession order.
Apply to Court (if Needed) – If the tenant doesn’t leave, the landlord must apply for a possession order through the courts.
For first4 landlord advice, landlords should consult legal experts to avoid mistakes that could delay the eviction.
Tenant Rights: Can You Challenge a Section 21 Notice?
Tenants can fight a Section 21 eviction notice if:
The notice is invalid (wrong form, insufficient notice, missing documents).
The deposit wasn’t protected or prescribed information wasn’t given.
The property is in disrepair (landlords cannot evict if they haven’t fixed serious hazards).
The landlord didn’t follow the correct procedure (e.g., serving notice incorrectly).
If a tenant believes the eviction is unfair, they can seek legal advice or wait for a court hearing.
Section 21 Changes & Abolition Plans
The UK government has proposed abolishing Section 21 notices under the Renters’ Reform Bill, replacing them with a new system where landlords must provide a valid reason for eviction. However, as of 2024, Section 21 remains in force, so landlords can still use it if they comply with the law.
Conclusion
A Section 21 eviction notice is a key legal tool for landlords to regain possession of their property without giving a reason. However, strict rules apply, and failing to follow them can render the notice invalid. Landlords should seek first4 landlord advice to ensure compliance, while tenants should know their rights if faced with an unfair eviction.
For now, Section 21 remains a critical part of the UK rental market, but future reforms may change how no-fault evictions work. Both landlords and tenants must stay informed to navigate the process effectively.