A Section 21 notice is a formal legal document used by landlords in England to regain possession of a rental property without needing to provide a specific reason. Often referred to as a “no-fault” eviction, it allows landlords to end an assured shorthold tenancy (AST) at the end of a fixed term or during a rolling tenancy, provided they comply with legal requirements such as giving at least two months’ notice and ensuring the tenant’s deposit is properly protected.
Unlike a Section 8 notice, which requires landlords to cite specific grounds for eviction, a Section 21 notice does not require the tenant to have breached the tenancy agreement. However, its use is subject to strict procedural rules, and failure to meet these can render the notice invalid.
Although Section 21 remains in force as of 2025, it is expected to be abolished following the passage of the Renters’ Rights Bill, which aims to strengthen tenant protections and shift all evictions to a grounds-based system under Section 8.
What is a Section 21 Notice?
A Section 21 Notice is a legal mechanism under the Housing Act 1988 that enables landlords in England and Wales to seek possession of a residential property without alleging any fault on the part of the tenant. It has been widely used for situations where landlords wish to sell, move into the property, or simply end the tenancy.
However, under the forthcoming reforms introduced by the Renters’ Rights Bill, Section 21 is set to be abolished. Once the legislation is enacted, landlords will need to rely on Section 8 and provide a valid statutory ground for possession—such as the intention to sell or occupy the property. This change is intended to create a more balanced and secure rental market, ensuring tenants are not evicted without cause while still allowing landlords to recover their property when necessary.
FAQs
A Section 21 notice—also known as a “no-fault eviction notice”—allows landlords to regain possession of their property without needing to provide a reason, as long as the correct notice period and legal requirements are met.
You must give your tenant at least two months’ notice in writing. The notice must be served using Form 6A or a letter containing the same information.
Yes, as of now, Section 21 notices are still legally valid. However, the UK government has announced plans to abolish Section 21 as part of the Renters’ Reform Bill, expected to take effect in mid to late 2025. Landlords should act promptly if they intend to use this route.
A Section 21 notice may be invalid if:
– The tenancy deposit wasn’t protected in a government-approved scheme.
– The tenant wasn’t given a valid Gas Safety Certificate, Energy Performance Certificate, or guide.
– The property is an unlicensed HMO.
– The council has served an improvement or emergency works notice in the last 6 months.
Yes, but only if the tenancy agreement includes a break clause or if the fixed term is ending. Otherwise, you must wait until the fixed term expires.
If the tenant does not leave by the end of the notice period, you must apply to the court for a possession order. If granted, you may then request enforcement through a warrant or writ of possession.
Any Section 21 notice served before the new legislation comes into force is expected to remain valid and enforceable. However, once the law changes, landlords will no longer be able to issue new Section 21 notices.
Landlords will need to rely on Section 8 notices, which require specific grounds for possession—such as rent arrears, antisocial behaviour, or breach of tenancy terms. These grounds must be proven in court.
No. Evicting a tenant without a court order is illegal and may be considered harassment or unlawful eviction. Always follow the correct legal process.
We offer a full service for landlords, including drafting and serving valid Section 21 notices, managing possession claims, and enforcing court orders through our in-house enforcement agents and authorised High Court Enforcement Officer.
