A Section 21 notice is the mechanism by which a landlord in England and Wales can end an assured shorthold tenancy without needing to give a reason. It is sometimes called a no-fault eviction notice. Understanding when and how it can be served is essential for any landlord.
You cannot serve a Section 21 notice in the first four months of the tenancy. After that, during a fixed term tenancy, you can serve one but possession cannot be sought until the fixed term has expired. During a periodic tenancy, you can serve a Section 21 notice at any time, subject to the validity requirements below.
For a Section 21 notice to be valid, several conditions must be met. You must have protected the tenant's deposit in an authorised scheme and provided the prescribed information about it. You must have provided the tenant with a valid Energy Performance Certificate, a current Gas Safety Certificate, and the government's How to Rent guide. You must use the prescribed form 6A. The notice must give at least two months' notice.
If any of these conditions are not met, the notice is invalid and you will need to start again. Courts are strict about these requirements.
If the tenant does not leave voluntarily after the notice expires, you must apply to the county court for a possession order. You can use the accelerated possession procedure, which does not require a hearing in most cases and is processed on paper. If the notice and the tenancy documentation are in order, the court will make a possession order without the parties needing to attend.
The Renters' Rights Act 2025 will abolish Section 21 no-fault evictions when it comes into force. Landlords will then need to rely on the fault-based Section 8 grounds to end a tenancy. The commencement date for this change affects all landlords with existing tenancies and is something every landlord needs to be aware of.
A Section 21 notice ends an assured shorthold tenancy without fault but has strict validity requirements. You must have protected the deposit, provided the prescribed documents, and used the correct form. If the tenant does not leave, the accelerated possession procedure allows the court to make an order on paper in most cases. Section 21 is due to be abolished under forthcoming legislation.
If you need advice or representation surrounding a Section 21 notice, Get in touch with the team today.