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SECTION 21 NOTICES

A Section 21 Notice is a legal mechanism used by landlords to regain possession of a rental property let under an assured shorthold tenancy, without needing to provide a reason for the eviction. However, landlords must meet strict procedural requirements for the notice to be valid, including providing a minimum of two months’ notice and ensuring compliance with rules on deposit protection, safety certificates, and prescribed documents. Failure to meet these obligations can result in the notice being invalid and rejected by the court.

For tenants, receiving a Section 21 Notice is the first step in the eviction process, but it does not mean they must leave immediately. If the notice is valid, the landlord must still apply to the court for a possession order. Tenants have the right to challenge the notice if it does not meet legal requirements and may be able to delay or prevent eviction through legal channels. Both parties should seek professional legal advice to protect their interests and ensure compliance with housing law.

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Navigating housing and property issues can be stressful, especially when legal rights and obligations are unclear. Whether you are a tenant facing eviction, a landlord seeking possession, or a homeowner dealing with neighbour disputes, rent arrears, tenancy agreements, or disrepair claims, expert advice can help you make informed decisions. We offer clear, reliable guidance tailored to your situation—ensuring you understand your legal position before taking any action.

At Sunrise Solicitors, our team provides free initial legal advice on a wide range of housing and property matters. We assist with issues involving Section 21 and Section 8 notices, unlawful eviction, tenancy deposit disputes, landlord responsibilities, and more. Our housing law specialists explain your options in plain language and advise on the best steps to protect your rights. Whether you need help challenging an eviction notice or preparing for court proceedings, our legal support is only a call or message away.

What Is a Section 21 Notice? A Guide for Landlords

A Section 21 Notice is a legal notice that a landlord can serve to regain possession of a residential property let under an assured shorthold tenancy (AST) in England. It is often referred to as a “no-fault eviction notice” because the landlord is not required to provide any specific reason for seeking possession. The notice is used to end the tenancy either at the end of the fixed term or during a periodic tenancy, provided that the correct legal procedures have been followed.

Unlike a Section 8 Notice, which requires the landlord to prove a breach of the tenancy agreement, a Section 21 Notice offers a more straightforward path to possession. If the notice is valid and all legal requirements have been met—such as compliance with deposit protection rules and service of prescribed documents—a landlord may apply for possession using the accelerated procedure. This process does not usually involve a court hearing; instead, a judge reviews the documentation and, if satisfied, issues a possession order. However, the notice must give the tenant at least two months’ notice, and failure to meet any procedural obligations may render the notice invalid.

What is Form 6(A)?

In England, landlords must use the prescribed Form 6A when serving a Section 21 notice to seek possession under the Housing Act 1988. This form is mandatory and ensures compliance with statutory requirements. It is important to note that the government issued an updated version of Form 6A on 1 October 2021. From that date onwards, all Section 21 notices must be served using this revised form. Failure to use the correct version may render your notice legally invalid, which can result in the court refusing to grant possession. This would require you to restart the entire process, causing unnecessary delays and additional legal costs. Always ensure you are using the most up-to-date form when initiating possession proceedings.

When Landlord Cannot Use Section 21 Notices?

A landlord cannot legally serve a Section 21 notice to terminate a tenancy in the following situations:

The tenancy is in its early stage: Less than four months have passed since the start of the tenancy, or the fixed term has not yet ended—unless the agreement includes a break clause permitting early termination.
The property is an unlicensed HMO: If the property qualifies as a house in multiple occupation (HMO) and does not have the required licence from the local council, serving a Section 21 notice is prohibited.
The tenancy deposit was not protected: For tenancies that began on or after 6 April 2007, the landlord must have secured the tenant’s deposit in a government-approved Tenancy Deposit Protection (TDP) scheme and provided the prescribed information. Failure to do so invalidates the notice.
The incorrect form was used: For tenancies starting on or after 1 October 2015, landlords must serve the official Form 6A, or a notice containing the exact same required information. Using an outdated or incorrect format makes the notice void.
There is an outstanding improvement or emergency notice: If the local authority has served an improvement notice or a notice requiring emergency remedial action on the property within the past six months, a Section 21 notice cannot be issued.
Unlawful fees or deposits have not been repaid: Under the Tenant Fees Act 2019, if any prohibited fees or deposits were taken and not refunded to the tenant, the landlord is barred from serving a valid Section 21 notice.

To proceed lawfully with a no-fault eviction, landlords must ensure full compliance with all relevant housing regulations before issuing a Section 21 notice.

What Landlords Must Give Tenants Before Using a Section 21 Notice?

Before serving a valid Section 21 notice, landlords must ensure they have provided tenants with the following legally required documents and certifications:

Energy Performance Certificate (EPC): A valid EPC must be given to the tenant at the start of the tenancy, unless the property is exempt from this requirement.
‘How to Rent’ Guide: Landlords must supply the most recent version of the government’s ‘How to Rent’ guide to the tenant at the beginning of the tenancy. This guide outlines the tenant’s rights and responsibilities.
Gas Safety Certificate: If the property contains a gas installation, a current gas safety certificate must be provided to the tenant before they move in, and renewed annually as required by law.
Electrical Installation Condition Report (EICR): For tenancies created or renewed on or after 1 July 2020, landlords must arrange an electrical safety inspection carried out by a qualified professional. A copy of the report must be given to the tenant, and remedial work must be completed if the report identifies any issues. This applies to both new fixed-term tenancies and statutory periodic tenancies that arise after a fixed term ends.

How Much Notice Time Can be Given to Tenants?

A Section 21 notice must provide tenants with a minimum of two months’ notice before requiring them to leave the property. However, if the tenancy has become a contractual periodic tenancy—meaning the fixed term has ended and the agreement includes a clause allowing it to continue on a rolling basis—you may be required to give more than two months’ notice. In such cases, the notice period must match the length of the rental period, if it exceeds two months. For example, if rent is paid quarterly, you must give at least three months’ notice to comply with the legal requirements.

Failure to provide any of the above may render the Section 21 notice invalid, preventing the landlord from lawfully regaining possession through the accelerated procedure.

What is Standard possession orders?

If you are seeking possession of your property due to rent arrears, you may use the Possession Claim Online (PCOL) service. This service allows landlords to submit court forms electronically and monitor the progress of the claim through a secure online system. The application fee for using the online possession service is £404, payable at the time of submission.

The online possession service cannot be used for certain types of standard possession claims. For example, it is not suitable where there has been trespass on the property or where tenants have breached specific terms of the lease. In such cases, landlords must apply through the traditional court process.

Continuing a Possession Claim Made Before 3 August 2020

If you submitted a possession claim before 3 August 2020, you will generally need to complete an N244 form to inform the court that you wish to proceed with the claim.

You do not need to submit an N244 form if:

You filed a reactivation notice with the court before 4pm on 30 April 2021, or
A judge has already issued a possession order requiring the tenants to leave the property.

How to Submit an N244 Form?

To submit an N244 form, you must either:

Post three copies of the completed form along with payment to the relevant court, or
Email the form to the court and include your telephone number. The court will contact you to take payment over the phone.

The fee depends on whether you ask the court to notify your tenants:

£313 – if you request the court to serve notice of your application on the tenants.
£123 – if you choose not to serve notice, for example, in urgent cases.

If the judge later decides that notice must be given and you have not requested it, you will need to pay an additional £190 to cover the difference.

Applying for an Accelerated Possession Order

You may apply for an accelerated possession order if your tenants have not vacated the property by the date stated in the Section 21 notice, and you are not claiming rent arrears. This route is often faster than the standard possession procedure, as it typically does not require a court hearing. The application fee is £404.

Please note: Fixed-term tenants cannot be evicted using this process until the tenancy term has ended.

If you intend to recover unpaid rent, you have two options:

Use the standard possession procedure, or
Apply for an accelerated possession order to regain the property, and then issue a separate court claim to recover the arrears.

What Happens After You Submit an Accelerated Possession Application

Once the court accepts your accelerated possession application, it will serve a copy of the claim on your tenants. From the date of receipt, the tenants have 14 days to submit a defence or raise any objections.

A judge will then review the case and make one of the following decisions:

Issue a possession order requiring the tenants to leave the property — this is the most common outcome if the documentation is correct and uncontested.
List the matter for a court hearing, usually only if the paperwork is incomplete or the tenant raises a significant legal issue.

Even where a hearing is held, the court may still grant a possession order. In cases where the tenant is experiencing exceptional hardship, the judge has discretion to delay enforcement for up to six weeks.

Continuing a Possession Claim Made Before 3 August 2020 and Submitting Form N244

If you made a possession claim before 3 August 2020, you will generally need to complete and submit Form N244 to notify the court that you wish to proceed with the claim.

You do not need to submit Form N244 if either of the following applies:

You submitted a reactivation notice to the court before 4pm on 30 April 2021, or
A possession order has already been granted by the court, requiring your tenants to leave the property.

How to Submit Form N244?

You can submit Form N244 in one of the following ways:

Post three signed copies of the completed form along with the appropriate payment to the relevant court, or
Email the completed form to the court and include your telephone number. The court will contact you to take payment over the phone.

Fees for Submitting Form N244

The fee is £313 if you request the court to serve notice of your application on the tenant.
The fee is £123 if you do not request notice to be served — for instance, in urgent applications.

If the judge later determines that notice should have been given and you did not request it, you will need to pay an additional £190 to cover the full notice fee.

How Can Sunrise Solicitors Help Landlords with Section 21 Notices?

At Sunrise Solicitors, we take the complexity out of the Section 21 process and help landlords navigate it with complete confidence. Serving a valid notice requires strict legal compliance—from using the correct forms to ensuring all documentation has been properly issued. One mistake can lead to costly delays or an invalid notice. That’s where we come in.

Our experienced team ensures your Section 21 notice is legally sound and strategically timed, giving you the best chance of securing vacant possession without unnecessary setbacks. Whether you are starting the process, dealing with resistant tenants, or moving toward accelerated possession, we offer practical, tailored legal solutions every step of the way. Let Sunrise Solicitors handle the legal details so you can take back control of your property, quickly and lawfully.

What Is a Section 21 Notice? A Guide for Tenants

In the UK, your landlord does not need to provide a reason for serving you with a Section 21 notice. They may simply wish to regain possession of the property, for example, to move back in or sell it. However, a Section 21 notice is only valid if you are renting under an assured shorthold tenancy (AST).

If you are unsure about your tenancy type, it is important to check. You can use tools such as Shelter’s tenancy checker to confirm whether your agreement qualifies as an AST. If you do not have an assured shorthold tenancy, any Section 21 notice served on you is legally invalid, and you may have grounds to challenge the eviction and remain in the property.

You are also not required to sign a Section 21 notice to acknowledge receipt. Even if your landlord requests a signature, you are under no legal obligation to provide one. The validity of the notice does not depend on your signature.

Section 21 Notice Validity Checklist for Tenants

If you receive a Section 21 notice, it is important to check whether it meets the legal requirements. If any of the following conditions are not satisfied, the notice may be invalid, and you may be able to challenge the eviction.

You Have an Assured Shorthold Tenancy (AST)
Section 21 notices are only valid if you have an AST. If not, the notice cannot be used to evict you.
Correct Notice Period
You must be given at least two months’ notice. If you pay rent every three months, then a three-month notice is required.
Correct Form Used (Form 6A)
For tenancies starting or renewed on or after 1 October 2015, the landlord must use Form 6A or a letter containing the same prescribed information.
Deposit Protection
If you paid a deposit after 6 April 2007, your landlord must have:
- Protected it in a government-approved scheme, and
- Given you the prescribed information about the scheme.
Required Documents Provided
Before serving the notice, your landlord must have given you:
- A valid Energy Performance Certificate (EPC)
- A current Gas Safety Certificate (if applicable)
- The latest ‘How to Rent’ guide
Proper Licensing
If the property is a House in Multiple Occupation (HMO) or needs a selective licence, the landlord must have a valid licence.
No Recent Council Notices
The local council must not have served an Improvement Notice or a Notice for emergency works within the last six months.
No Unlawful Fees or Deposits Owed
Under the Tenant Fees Act 2019, the landlord must refund any unlawful fees or deposits before serving a valid notice.
Timing Restrictions
A Section 21 notice cannot be served within the first four months of the tenancy. Fixed-term tenants can only be evicted once the term ends, unless a break clause applies.

Check the Notice Period on Your Section 21 Notice

To determine whether your Section 21 notice is valid, it is important to check whether your landlord gave you the correct amount of notice. The required notice period depends on the date the notice was served:

Notices served on or after 1 October 2021
Your landlord must give you at least 2 months’ notice.
Notices served before 26 March 2020
The required notice period was also 2 months.
Notices served between 26 March 2020 and 30 September 2021
Special COVID-19 rules applied during this period. Your landlord may have been required to give you more than 2 months’ notice, depending on the exact date the notice was issued.

If your landlord did not comply with the correct notice period based on when the notice was given, the Section 21 notice may be invalid, and you could have grounds to challenge the eviction.

Challanging Section 21 Notice

You may be able to challenge your eviction if the Section 21 notice is not valid or your landlord has made a procedural error. This process is known as defending possession. However, you cannot take any formal steps until you receive the court papers. Once you do, you will have the opportunity to respond to the claim and present your defence before any possession order is made.

Reasons for Challenging Section 21 Notice

Tenants may have strong grounds to challenge the notice if the landlord has failed to meet these obligations.

You were served the incorrect version of the Section 21 notice or one that does not comply with statutory requirements.
The notice was given within the first four months of your initial tenancy at the property, which is not permitted under the Housing Act 1988.
You were not given the required notice period — for most tenancies, this must be at least two months, though it may vary depending on specific circumstances.
You hold a fixed-term tenancy, and the notice asks you to vacate the property before the term has ended, with no applicable break clause.
The notice has expired and your landlord has not acted upon it within the valid timeframe (usually six months from the date of service).
Your tenancy deposit has not been protected in a government-approved Tenancy Deposit Protection (TDP) scheme, as required for all assured shorthold tenancies.
You have not received the prescribed information regarding your deposit protection within 30 days of payment.
Your landlord has failed to provide a valid Energy Performance Certificate (EPC) or a current Gas Safety Certificate, where applicable.
You have not been given the most recent version of the ‘How to Rent’ guide, which is a statutory requirement under current housing regulations.

Any of these failures may render the Section 21 notice legally invalid, giving you the right to challenge possession proceedings in court.

How Can Sunrise Solicitors Help Tenants Facing a Section 21 Notice?

At Sunrise Solicitors, we provide tenants with expert legal protection when facing a Section 21 notice. Our housing law specialists are here to ensure your rights are not just understood—but fully enforced. If your landlord has served you with a Section 21 notice, we will carefully review its validity, identify any legal errors, and advise you on the strongest course of action to delay, challenge, or prevent eviction altogether.

Whether your landlord failed to protect your deposit, used the wrong form, or served the notice too early, we know exactly what to look for. With a proven track record in defending tenants across England, we offer strategic, results-driven support, including court representation where needed. If you want peace of mind and a team that fights your corner, contact Sunrise Solicitors today for reliable, confidential advice—your home deserves nothing less.

Frequently Asked Questions

What is a Section 21 Notice?

In simple words, Section 21 is a legal notice that a landlord can serve to a tenant to evict from his property.

What are other terms used for Section 21 Notice?

Section 21 Notice is also called a possession notice, no-fault eviction notice or notice of eviction.

For what sort of tenancies, a Section 21 Notice can be used?

Section 21 Notice can only be used for Assured Shorthold Tenancy (AST).

When Section 21 Notice can be served?

To serve a valid Section 21 Notice, the landlord has to give at least two months’ notice to the tenant. If not, the Section 21 Notice will be invalid and ineffective.

What are the other requirements for Serving a valid Section 21 Notice?

There are several essential elements which must be fulfilled before serving a Section 21 Notice. Our Landlord and Tenant Lawyers are here to help you in your best interest.

What is the biggest misconception about Section 21 Notice?

The biggest misconception about Section 21 Notice is that upon its service, a landlord thinks he will get back his property promptly despite checking the validity elements of Section 21 Notice and also despite thinking about the inevitable legal proceedings (mostly) which could be expensive and stressful. However, our Landlord and Tenant Lawyers are here to help you in your best interest.