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Section 21 Eviction Notice: A Complete Guide for UK Landlords

  • carlbidwell268
  • Feb 26
  • 5 min read

Few topics create more confusion among landlords than eviction procedures.

Section 21 has been the go-to method for ending assured shorthold tenancies for decades. It allows landlords to regain possession without proving tenant fault. Simple in theory. Complicated in practice.

And now, with Section 21 being abolished in 2026, landlords need to understand both how it currently works and what comes next.

This guide covers everything you need to know.

What Is a Section 21 Eviction Notice?

Section 21 refers to Section 21 of the Housing Act 1988. It gives landlords the right to regain possession of their property without stating a reason.

This is why it is often called a "no fault" eviction.

The tenant does not need to have done anything wrong. They might be perfect. Paying rent on time. Looking after the property beautifully. None of that matters for Section 21 purposes.

Landlords simply need to follow the correct procedure and provide adequate notice.

Once that notice expires, if the tenant does not leave voluntarily, the landlord can apply to court for a possession order. Courts must grant possession if the Section 21 notice was served correctly. Judges have no discretion to refuse.

This certainty made Section 21 popular with landlords. Compared to Section 8 notices, which require proving specific grounds, Section 21 offered a more straightforward path to regaining possession.

However, that certainty only exists when landlords follow every requirement precisely.

Section 21 Notice Requirements

Here is where many landlords stumble.

A Section 21 notice is only valid if multiple conditions are met before serving it. Missing any single requirement invalidates the entire notice.

Deposit Protection

If you took a tenancy deposit, it must be protected in a government-approved scheme within 30 days of receipt.

The three approved schemes are:

  • Deposit Protection Service (DPS)

  • MyDeposits

  • Tenancy Deposit Scheme (TDS)

Protection alone is not enough. You must also provide the tenant with prescribed information about the deposit within the same 30-day window.

Failure to protect the deposit or provide prescribed information means your Section 21 notice is invalid. Full stop. Courts will reject your possession claim.

Gas Safety Certificate

A valid Gas Safety Certificate must be provided to tenants before they move in. If the certificate renews during the tenancy, the updated version must be given to tenants within 28 days.

No gas safety certificate means no valid Section 21.

Energy Performance Certificate

The property must have a valid Energy Performance Certificate (EPC) with a rating of E or above. This certificate must be provided to tenants before the tenancy begins.

Properties rated F or G cannot legally be let unless an exemption applies.


How to Rent Guide

Tenants must receive the government's "How to Rent" guide before the tenancy starts. This document explains tenant rights and responsibilities.

The guide updates periodically. Landlords should provide the version current at the time the tenancy began. If a tenancy renews, the latest version should be provided again.

Correct Notice Form

Section 21 notices must use the prescribed Form 6A. Notices using old forms or incorrect wording are invalid.

The form requires specific information including property address, tenant names, and the date possession is required.

How Much Notice Is Required?

The notice period depends on when the tenancy started and the type of tenancy agreement.

For most assured shorthold tenancies, landlords must give a minimum of two months notice. The notice cannot expire before the end of any fixed term.

For periodic tenancies running month to month, the notice must end on the last day of a rental period.

Getting dates wrong is a common mistake. A notice requiring possession on the 15th when rent is due on the 1st may be invalid for periodic tenancies.

Careful calculation prevents wasted time and legal costs.

When Can You Serve a Section 21 Notice?

Timing restrictions apply beyond just the notice period itself.

During the first four months. You cannot serve a Section 21 notice during the first four months of an initial tenancy. Any notice served in this window is invalid.

After a complaint. If a tenant has made a formal complaint to the local council about property conditions, and the council has served an improvement notice or emergency remedial action, you cannot serve a Section 21 notice for six months. This is called "retaliatory eviction" protection.

Licensing issues. In areas requiring landlord licensing, you cannot serve a valid Section 21 if you lack the proper licence. Many parts of London fall under selective or additional licensing schemes.

Understanding these restrictions prevents serving notices that courts will reject.

What Happens After Serving Notice?

Once two months pass and the notice expires, you hope the tenant leaves voluntarily.

Many do. They find alternative accommodation and hand back keys without drama.

But some tenants remain. Whether they cannot find somewhere else, disagree with the eviction, or simply refuse to leave, landlords then face the court process.

You must apply to the court for a possession order. For straightforward Section 21 cases where the notice was valid, you can use the accelerated possession procedure. This is a paper-based process without a hearing in most cases.

The court checks your paperwork. If everything is correct, they issue a possession order giving the tenant a date to leave, typically 14 days later.

If the tenant still does not leave, you must apply for a warrant of possession. County court bailiffs or High Court enforcement officers then physically remove the tenant.

This entire process, from serving notice to bailiff enforcement, typically takes three to six months when tenants do not leave voluntarily.

Never attempt to remove tenants yourself. Changing locks, removing belongings, or harassing tenants into leaving constitutes illegal eviction. The consequences include criminal prosecution and substantial compensation claims.

Section 21 Is Being Abolished

This is the biggest change to landlord law in decades.

The Renters Reform Bill abolishes Section 21 evictions entirely. From 1 May 2026, landlords can no longer use the no-fault eviction process.

The last day to serve a valid Section 21 notice is 30 April 2026.

Any notice served after that date will be invalid regardless of whether other requirements are met.

What Replaces Section 21?

Section 8 becomes the only route for possession.

Unlike Section 21, Section 8 requires landlords to prove specific grounds for eviction. These include:

Rent arrears. Tenants owing at least two months rent at both the time of notice and the court hearing.

Antisocial behaviour. Tenants causing nuisance to neighbours or engaging in criminal activity.

Property damage. Tenants damaging the property or allowing others to do so.

Breach of tenancy. Tenants breaking specific terms of their agreement.

Landlord wishes to sell. A new ground allowing possession when landlords genuinely intend to sell the property. Restrictions prevent misuse.

Landlord or family wishes to move in. Possession for landlord occupation becomes available after the first six months of tenancy.

These grounds give tenants more security while still allowing landlords legitimate reasons to regain their property.

However, proving grounds requires evidence. Landlords must document rent arrears, antisocial behaviour, or other issues carefully.

How Landlords Can Prepare

Change is coming whether landlords welcome it or not.

Review current tenancies. If you need to regain possession before Section 21 ends, consider serving notice soon. Delays risk missing the deadline.

Improve documentation. Section 8 relies on evidence. Keep detailed records of rent payments, property inspections, communications with tenants, and any issues that arise.

Strengthen tenant selection. Without no-fault evictions, choosing reliable tenants matters more than ever. Thorough referencing saves future problems.

Consider professional management. Managing properties becomes more complex under the new rules. Professional support reduces risk.

At EA Guaranteed Rent London, we have helped landlords across East London navigate changing regulations for over five years. Our guaranteed rent scheme means you receive income every month regardless of tenant issues. We handle management, compliance, and any necessary legal processes.

Final Thoughts

Section 21 served landlords well for many years. Its simplicity made regaining possession predictable and straightforward when procedures were followed correctly.

That era is ending.

Landlords who understand both current Section 21 requirements and the incoming Section 8 framework will adapt successfully. Those who ignore the changes risk costly mistakes.

Knowledge protects your investment. Stay informed and prepare accordingly.


 
 
 

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