What Is a Section 21 Notice?
A Section 21 notice is a formal notice served by a landlord on a tenant to bring an Assured Shorthold Tenancy (AST) to an end. Unlike a Section 8 notice — which is served when a tenant has breached the tenancy agreement, for example by failing to pay rent — a Section 21 notice does not require the landlord to give any reason for seeking possession. This is what makes it a 'no-fault' eviction.
The vast majority of private rented sector tenancies in England and Wales are ASTs, which means Section 21 applies to most private renters. In Scotland, the private residential tenancy model is different and Section 21 does not apply. In Northern Ireland, separate legislation governs eviction notices.
Receiving a Section 21 notice does not mean you must leave immediately, or even on the date the notice expires. The notice itself has no power to physically remove you from the property. Only a court possession order, followed by enforcement by county court bailiffs, can compel you to leave. Many tenants leave earlier than they need to because they do not understand this — and landlords sometimes rely on that misunderstanding.
When Can a Landlord Legally Serve a Section 21?
A Section 21 notice can only be served in relation to an Assured Shorthold Tenancy. The landlord must give the tenant at least two months' written notice. If the tenancy is periodic (running month to month), the notice must expire at the end of a rental period — so if you pay rent on the first of the month, the notice must expire on the last day of a month.
A Section 21 notice cannot be served in the first four months of the original tenancy. This means even if you signed a six-month fixed-term agreement, the landlord cannot validly serve a Section 21 until you have been in the property for at least four months. Notices served earlier than this are invalid.
Once a valid Section 21 notice has been served and has expired, the landlord has six months to apply to court for a possession order (in most circumstances). If they do not apply within that window, the notice expires and a new one must be served. This is another reason not to panic on receipt of a notice — there are time limits that work in your favour too.
The Conditions That Must Be Met — And How Notices Go Invalid
Since October 2015, landlords must satisfy several prescribed requirements before they can serve a valid Section 21 notice. Failure to meet any of these requirements renders the notice invalid and unenforceable. The requirements are: the tenant's deposit must be protected in a government-approved tenancy deposit scheme, and the prescribed information about the scheme must have been given to the tenant; the tenant must have been given a copy of the government's 'How to Rent' guide at the start of the tenancy; and the property must have a valid Energy Performance Certificate (EPC) and, if it has gas, a valid Gas Safety Certificate, copies of which must have been given to the tenant.
Additionally, if the property requires an HMO (House in Multiple Occupation) licence and the landlord does not have one, the Section 21 is invalid. If the landlord has been served a relevant improvement notice or emergency remedial action notice by the local council (in response to a repair complaint, for example), they cannot serve a valid Section 21 for six months — this is the retaliatory eviction protection under the Deregulation Act 2015.
The notice itself must also be on the correct prescribed form — Form 6A in England. A notice on any other form, or a letter that is not Form 6A, is not a valid Section 21 notice. Check the document you have received carefully. If it does not reference 'Form 6A' or 'Section 21(1) or 21(4) of the Housing Act 1988', it may not be a valid Section 21 notice at all.
The Two-Month Notice Period: What It Actually Means
The two-month notice period is the minimum time your landlord must give you before they can apply to court for a possession order. The two months begins from the date the notice is served — not the date you receive it. If it was delivered by post, it is typically deemed served two days after posting.
During the two-month notice period, you are legally entitled to remain in the property. You should continue to pay your rent as normal — failure to do so would give your landlord grounds to serve a Section 8 notice for rent arrears, which is a separate and faster route to eviction. Do not stop paying rent because you have received a Section 21.
After the notice expires, you are still legally entitled to remain in the property until a court grants a possession order. If you remain after the notice expires and your landlord wants you to leave, they must apply to the county court for a possession order. The court will list a hearing, and you will have an opportunity to attend and raise any defences — including invalidity of the notice.
What to Do When You Receive a Section 21
Do not panic, and do not feel pressured to leave immediately. The first thing to do is check the validity of the notice. Go through the checklist: Was your deposit protected? Were you given the prescribed information? Did you receive the How to Rent guide and the gas safety and EPC certificates at the start of your tenancy? Is the notice on Form 6A? Was it served more than four months into your tenancy? Does it give you at least two months' notice?
Contact Citizens Advice, Shelter, or a local housing advice service as soon as possible. They offer free, confidential advice and can help you assess whether the notice is valid. Many tenants find, with professional help, that the Section 21 served against them is invalid — for example, because the deposit was never properly protected or the How to Rent guide was never provided.
Write to your landlord in writing, setting out any grounds on which you believe the notice is invalid. Keep a copy of the letter. If your landlord has a letting agent, copy them in. This creates a formal record and may prompt the landlord to reconsider or issue a corrected notice — which resets the two-month clock in your favour.
How to Challenge an Invalid Section 21
If the Section 21 notice is invalid, you can raise invalidity as a defence if the matter goes to court. You do not need to do anything special before that point — if you believe the notice is invalid, simply do not leave, continue paying rent, and wait for the landlord to begin court proceedings.
When court proceedings begin, you will receive a claim form. Do not ignore this. You must respond within the deadline stated on the form, typically 14 days, setting out your defence. The defence should state clearly why the Section 21 is invalid and provide any supporting evidence. The court will then list a hearing to consider the matter.
If the court finds the notice invalid, it will not grant possession on that basis, and the landlord must start again. Free duty solicitor schemes operate at many county courts on possession hearing days — if you are facing a hearing, arrive early and ask if a duty solicitor is available. Citizens Advice can also help you prepare your written defence.
If the Section 21 Is Valid: What Happens Next
If the Section 21 is valid and you cannot identify any grounds to challenge it, you do not have to leave when the notice expires. You are entitled to remain until the landlord obtains a court possession order. At the court hearing, you can ask the judge for additional time — typically up to six weeks of extra breathing space in cases of genuine hardship.
The most important thing to do if you are facing a valid Section 21 is to contact your local council's housing team immediately. Councils have a statutory duty to assist people threatened with homelessness. You do not have to wait until you are actually evicted — as soon as you receive a Section 21, you are 'threatened with homelessness' within the meaning of the Housing Act 1996, and the council must begin assessing your case.
If you are a tenant in receipt of housing benefit or Universal Credit housing costs, notify your local Jobcentre Plus or housing benefit office that you have received a Section 21. This ensures that any help you are entitled to is not delayed if you need to move.
The Renters' Rights Bill and the Future of No-Fault Eviction
The Renters' Rights Bill was introduced to Parliament in 2024 and, when enacted, will abolish Section 21 no-fault evictions in England. This is one of the most significant changes to the private rented sector in decades. Once abolished, landlords will only be able to seek possession on specific statutory grounds — similar to the existing Section 8 grounds — meaning they will need to give a reason for ending a tenancy.
The abolition of Section 21 will also introduce a new periodic tenancy model, meaning all tenancies will roll from month to month rather than being fixed-term, and tenants will have greater flexibility to leave without paying for a period they do not occupy.
At the time of writing, the Renters' Rights Bill is progressing through Parliament and is expected to receive Royal Assent during 2025 or 2026. The provisions are expected to come into force shortly after. Check the government's housing announcements for the current position, as the law may have changed by the time you are reading this guide.
Common Mistakes to Avoid
- ✕Leaving as soon as you receive the notice — you have at least two months and often considerably longer
- ✕Not checking whether the notice is valid before doing anything
- ✕Stopping rent payments after receiving the notice — this gives the landlord additional grounds for eviction
- ✕Ignoring court papers if proceedings begin — missing the response deadline results in an automatic possession order
- ✕Not contacting the council if you are at risk of homelessness — present early, as the duty arises on receipt of the notice
- ✕Signing any documents presented by your landlord without taking advice first
- ✕Assuming the notice is valid without checking against the prescribed requirements
Frequently Asked Questions
Can I refuse to leave after receiving a Section 21?
Yes — until a court issues a possession order and bailiffs are appointed. A Section 21 notice alone has no power to physically remove you. However, if a valid court order is granted and you do not comply, bailiffs will enforce it.
What is the minimum notice period for a Section 21?
Two calendar months, which must expire on or after the last day of a rental period (for periodic tenancies). The two months begins when the notice is served, not when you receive it.
Will receiving a Section 21 affect my credit rating?
The notice itself will not. However, a county court judgment (CCJ) for possession on your record may affect creditworthiness. This is another reason to engage with the process rather than ignoring it — attending court and raising a valid defence prevents a default judgment.
My landlord says I have to leave in two weeks — is that right?
Almost certainly not. A valid Section 21 requires at least two months' notice. Any communication demanding you leave in less than two months is not a valid Section 21 notice, regardless of what it says or how official it looks.