What is a Section 21 notice?

A Section 21 notice is a legal document that a landlord uses to end an assured shorthold tenancy in England without giving a reason. It gives the tenant at least 2 months' notice to leave. The landlord doesn't need to prove any fault — which is why it's called a 'no-fault eviction'. Section 21 is being abolished under the Renters' Rights Bill.

Can I ignore a Section 21 notice?

You shouldn't ignore it, but you don't have to leave immediately. A Section 21 notice gives you at least 2 months' notice. If you don't leave by the date specified, the landlord must apply to the court for a possession order — they cannot force you out without one. You have the right to challenge an invalid Section 21 notice in court.

Is Section 21 being abolished?

Yes. The Renters' Rights Bill abolishes Section 21 no-fault evictions in England. Once fully implemented, landlords will only be able to evict tenants using Section 8 grounds — valid reasons such as serious rent arrears, antisocial behaviour, the landlord needing to sell, or the landlord or family wanting to move in.

When is a Section 21 notice invalid?

A Section 21 is invalid if: your deposit isn't protected in an approved scheme, you haven't received the prescribed deposit information, you haven't been given a current gas safety certificate, EPC, or the 'How to rent' guide, the property has an HMO licence requirement that hasn't been met, or the local council has served an improvement notice in the last 6 months.

Section 21 No-Fault Eviction Guide — Your Rights as a Tenant | PocketWise

Section 21 is the mechanism landlords in England use for no-fault evictions — ending a tenancy without needing a reason. It’s being abolished under the Renters’ Rights Bill, but until that takes full effect, it’s important to know your rights.

What Is Section 21?

Feature	Detail
What it does	Allows a landlord to end an assured shorthold tenancy without giving a reason
Notice period	At least 2 months
Can be used when	After any fixed term ends, or during a periodic tenancy
Applies in	England only (Scotland and Wales have different systems)
Being abolished	Yes — under the Renters’ Rights Bill

When Can a Section 21 Be Served?

Situation	Can Section 21 be served?
During first 4 months of tenancy	No — cannot be served during the first 4 months
During fixed term (with break clause)	Usually — but check the break clause terms
After fixed term expires (rolling/periodic)	Yes
After tenant complaint to council	Restricted — see retaliatory eviction below
Deposit not protected	Invalid

What to Do When You Receive a Section 21 Notice

Step 1: Check If It’s Valid

Requirement	Is it met?
Correct form (Form 6A) used?	Must use the prescribed form
At least 2 months’ notice?	From the date you receive it
Valid expiry date?	Must expire on the last day of a period of the tenancy (for periodic tenancies)
Deposit protected?	Must be in a government-approved scheme
Deposit information provided?	Prescribed information must have been given to you
Gas safety certificate?	Must have been given a valid certificate
EPC provided?	Must have received the Energy Performance Certificate
‘How to rent’ guide?	Must have received the current version
No improvement notice?	Council must not have served an improvement notice in the last 6 months
Given after first 4 months?	Cannot be served in the first 4 months

If any of these requirements are not met, the notice may be invalid.

Step 2: Get Advice

Organisation	How they can help
Shelter	Free housing advice — 0808 800 4444
Citizens Advice	Legal guidance and support
Local council housing team	Homelessness prevention duty
A solicitor	If you want to challenge the notice

Step 3: Understand the Timeline

Stage	Timeframe
Section 21 notice served	Day 0
Earliest you must leave	2 months later
If you don’t leave	Landlord applies to court for possession order
Court hearing	4–8 weeks after application
If court grants possession	You get 14 days (can request up to 42 days in cases of hardship)
Bailiff eviction (if needed)	Several weeks after court order
Total realistic timeline	4–6 months from notice to actual eviction

Retaliatory Eviction Protection

If you’ve complained about the condition of the property and the council has served an improvement notice:

Protection	Detail
Section 21 invalid	If served within 6 months of a council improvement notice or emergency remedial action
Cannot be punished for complaining	Serving Section 21 after a repair complaint can be challenged as retaliatory
Evidence helps	Keep all written complaints and council correspondence

When Section 21 Becomes Invalid

Reason for invalidity	Detail
Deposit not protected within 30 days	All three deposit schemes require timely protection
Prescribed information not provided	Written details about the deposit scheme
No gas safety certificate	Current certificate must have been given
No EPC	A valid EPC must have been provided
No ‘How to rent’ guide	The current government guide must have been supplied
Served too early	Cannot be served in the first 4 months
Wrong form used	Must use Form 6A (in England)
Licensing breach	If the property requires an HMO or selective licence the landlord doesn’t have

Section 21 vs Section 8

Feature	Section 21	Section 8
Reason needed	No	Yes — must cite specific grounds
Notice period	2 months	Varies (2 weeks to 4 months depending on ground)
Court needed	Yes (if tenant doesn’t leave)	Yes
Mandatory grounds	Automatic possession if valid	Court must grant possession
Discretionary grounds	N/A	Court decides based on circumstances
Being abolished	Yes	No — this becomes the only route

After Section 21 Abolition

Once the Renters’ Rights Bill is fully in force:

Change	Detail
No more Section 21	Cannot be used for any tenancy
Section 8 only	Landlords must prove a valid ground
New grounds added	Landlord selling, landlord/family moving in
Stronger tenant position	Can only be evicted with reason
Apply to existing tenancies	After transition period

Homelessness and the Council’s Duty

If you receive a valid Section 21 and may become homeless:

Step	When
Contact your local council	As soon as you receive the notice
Prevention duty	Council must help you find alternative housing 56 days before potential homelessness
Relief duty	If you become homeless, council must help you secure accommodation
Priority need	Families with children, pregnant women, vulnerable people get priority
Intentional homelessness	Doesn’t apply to Section 21 — you’re not choosing to be homeless

Summary

Key point	Detail
Section 21	No-fault eviction — 2 months’ notice
Being abolished	Yes — Renters’ Rights Bill
Check validity	Deposit, gas cert, EPC, ‘How to rent’ guide
Don’t panic	You have at least 2 months, and the court process takes longer
Get advice	Shelter, Citizens Advice, local council
Retaliation protection	Cannot evict you for complaining about conditions
Council duty	Must help prevent homelessness