Section 21 Notice: How to Legally End a Tenancy in England

Section 21 of the Housing Act 1988 gives landlords in England the right to recover possession of a property at the end of an Assured Shorthold Tenancy without needing to prove a specific reason. It's commonly called a "no-fault eviction" notice — not because the tenant has done nothing wrong, but because the landlord isn't required to state a ground for possession.

However, Section 21 is far from a simple rubber stamp. There are strict pre-conditions, specific forms to use, and numerous ways to get it wrong. Here's what you need to know.

What is a Section 21 notice?

A Section 21 notice is a formal written notice from a landlord to a tenant, informing them that the landlord requires possession of the property. It does not end the tenancy — it starts the legal process that can lead to a court order for possession.

The notice must give the tenant a minimum of two months to vacate. If the tenant doesn't leave by the date specified in the notice, the landlord must apply to the court for a possession order.

When can you serve a Section 21 notice?

During a fixed-term tenancy

You can serve a Section 21 notice during the fixed term, but the notice cannot expire before the last day of the fixed term. In practice, this means you can serve it up to two months before the end of the fixed term, with an expiry date on or after the last day.

During a periodic tenancy

You can serve a Section 21 notice at any time during a periodic tenancy. The notice must give at least two months' notice and must end on the last day of a period of the tenancy (unless the tenancy is a statutory periodic tenancy that arose after 1 October 2015, in which case it just needs to give two months).

The four-month rule

Since 1 October 2015, you cannot serve a Section 21 notice in the first four months of the original tenancy. This applies to the first tenancy granted — not to renewals.

Pre-conditions: what you must do before serving notice

This is where most landlords go wrong. Before a Section 21 notice is valid, you must have:

1. Protected the tenant's deposit

The deposit must be protected in a government-approved scheme, and the prescribed information must have been served on the tenant. If you haven't done both of these things, your Section 21 notice is invalid.

2. Provided the How to Rent guide

You must have given the tenant the current version of the government's How to Rent: The Checklist for Renting in England guide at the start of the tenancy. If the guide is updated during the tenancy, you should serve the new version before serving a Section 21 notice.

3. Provided a valid Energy Performance Certificate (EPC)

A copy of the property's EPC (rated A to E — properties rated F or G cannot legally be let under the Minimum Energy Efficiency Standards) must have been provided to the tenant before the tenancy began.

4. Provided a Gas Safety Certificate

If the property has a gas supply, you must have provided the tenant with a copy of the annual gas safety certificate before they moved in, and you must provide an updated copy within 28 days of each annual check.

5. No outstanding improvement notice or prohibition order

If the local authority has served an improvement notice or emergency prohibition order on the property in the previous six months, you cannot serve a Section 21 notice. This prevents landlords from evicting tenants in retaliation for reporting poor conditions.

6. No retaliatory eviction

Since the Deregulation Act 2015, a Section 21 notice is invalid if it's served within six months of the tenant making a legitimate complaint about the property's condition, and the local authority has served an improvement notice or emergency remedial action notice as a result.

Using the correct form: Form 6A

Since 1 October 2015, Section 21 notices for ASTs in England must use the prescribed Form 6A (or a form substantially to the same effect). Using an old-style letter or a generic notice can invalidate the notice.

Form 6A requires:

• The landlord's name and address
• The tenant's name
• The address of the property
• The date after which possession is required (minimum two months from service)

The form also contains important notes for the tenant about their rights, including information about seeking advice.

Serving the notice

The notice must be properly served on the tenant. Acceptable methods include:

• Hand delivery — to the tenant personally
• First class post — to the property (allow two working days for delivery)
• Email — only if the tenant has previously agreed to receive notices by email

Keep proof of service. If the tenant disputes receiving the notice, you'll need to prove it was served correctly.

After serving the notice

If the tenant leaves

If the tenant vacates by the date in the notice, the tenancy ends and you can reclaim the property. Carry out a check-out inspection and process the deposit return.

If the tenant doesn't leave

If the tenant remains after the notice expires, you must apply to the court for a possession order. You can use the accelerated possession procedure (Section 21 claims), which is a paper-based process that usually doesn't require a court hearing. This typically takes 6-10 weeks.

If the tenant still doesn't leave after the court order, you must apply for a warrant of possession. Only county court bailiffs (or High Court enforcement officers with the court's permission) can physically evict the tenant. You cannot change the locks, remove belongings, or otherwise force the tenant out — doing so is a criminal offence under the Protection from Eviction Act 1977.

The six-month expiry

A Section 21 notice is valid for six months from the date it's served. If you haven't started court proceedings within six months, the notice expires and you'll need to serve a new one.

Common mistakes that invalidate a Section 21 notice

1. Serving notice in the first four months of the tenancy
2. Not protecting the deposit or not serving prescribed information
3. Not providing the How to Rent guide, EPC, or gas safety certificate
4. Using the wrong form (or an old version of Form 6A)
5. Giving insufficient notice — less than two months
6. Wrong expiry date — during a fixed term, the notice cannot expire before the end of the term
7. Serving after a complaint — if the local authority has taken action following the tenant's complaint
8. Not proving service — if the tenant claims they never received the notice

Section 21 and the Renters' Reform Bill

The government has signalled its intention to abolish Section 21 through the Renters' Reform Bill. However, as of April 2026, Section 21 remains in force. The proposed changes would replace Section 21 with expanded Section 8 grounds, giving landlords specific reasons for possession (such as selling the property or moving back in).

Until the legislation is enacted and the transition period begins, landlords should continue to comply with current Section 21 requirements. Having a well-drafted tenancy agreement that meets all the prerequisites is the best way to keep your options open.

Make sure your agreement supports a valid Section 21

Your tenancy agreement should include the correct notice periods, reference the deposit protection scheme, and ensure all prescribed information is covered. A poorly drafted agreement can create complications when you need to serve notice.

ProperDocs generates tenancy agreements that cover all the essential clauses — including notice periods, deposit protection references, and landlord obligations — so you have a solid foundation if you ever need to serve a Section 21 notice.

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