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.

Free Advice on Housing & Property Matters

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 Legal Documents 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:

1. 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.
2. ‘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.
3. 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.
4. 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 are 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.

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. 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:

1. Use the standard possession procedure, or
2. 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:

1. Issue a possession order requiring the tenants to leave the property — this is the most common outcome if the documentation is correct and uncontested.
2. 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

1. 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.
2. 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:

1. Post three signed copies of the completed form along with the appropriate payment to the relevant court, or
2. 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 for form N244 are:

1. The fee is £313 if you request the court to serve notice of your application on the tenant.
2. The fee is £123 if you do not request notice to be served — for instance, in urgent applications.
3. 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.

Challenging 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 versionof the Section 21 notice or one that does not comply with statutory requirements.
• The notice was given within the first four monthsof 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 expiredand 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 protectedin a government-approved Tenancy Deposit Protection (TDP) scheme, as required for all assured shorthold tenancies.
• You have not received the prescribed informationregarding 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?

Sunrise Solicitors can provide specialist legal support to both tenants and landlords dealing with Section 21 notices, which are commonly known as “no-fault eviction notices.” These cases require careful handling to ensure compliance with the law and protection of rights.

For Landlords

• Preparing and Serving Valid Notices: We ensure Section 21 notices are properly drafted and served in line with legal requirements, including deposit protection rules, prescribed information, and notice periods.
• Avoiding Legal Pitfalls: Many Section 21 notices are invalid because landlords fail to comply with technical requirements. We guide landlords step by step to avoid costly mistakes.
• Court Representation: If possession proceedings are necessary, we represent landlords in court to obtain possession orders quickly and lawfully.
• Enforcement: We assist in enforcing possession orders through court bailiffs when tenants do not vacate voluntarily.

For Tenants

• Checking Notice Validity: We review Section 21 notices to confirm whether they are legally valid. If requirements have not been met, tenants may not have to leave.
• Defending Possession Claims: We help tenants challenge invalid or unlawful Section 21 claims in court.
• Negotiating Extra Time: Where eviction is inevitable, we negotiate with landlords or request the court to allow tenants more time (up to six weeks) to secure alternative accommodation.
• Protection from Illegal Eviction: We protect tenants against landlords who attempt to evict without a court order and take action if unlawful eviction occurs.

Our housing law specialists understand the complexities of Section 21 proceedings and provide tailored support to both landlords and tenants. We offer clear, practical advice, strong representation in court, and a focus on achieving fair outcomes. Whether you are a landlord seeking possession or a tenant protecting your rights, we ensure the process is handled lawfully and effectively.

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.