Section 21 Notices — The Complete Guide

A Section 21 notice lets a landlord recover possession of a property let on an assured shorthold tenancy without giving a reason. It is also the notice most commonly thrown out by courts — almost always for avoidable paperwork failures.

The prescribed form

Since October 2015, a Section 21 notice must be given on Form 6A or in a form substantially to the same effect. A letter that does not follow the prescribed form is invalid. The notice must give at least two months, and cannot be served in the first four months of the original tenancy.

The validity conditions

Before a Section 21 notice can be valid, all of the following must be true. The deposit is protected in an approved scheme and the prescribed information was served within 30 days of receipt. The tenant has been given a valid Gas Safety Certificate, a valid EICR, a valid EPC, and the current version of the How to Rent guide. No prohibited fees have been charged, or any that were have been repaid. The property is not subject to certain local authority enforcement notices. Miss any one and the notice fails.

Fixing problems before serving

An unprotected deposit can usually be dealt with by returning it to the tenant in full before serving notice — though the tenant may still claim a penalty. Missing certificates should be obtained and given to the tenant before the notice is served. It is always faster to fix the paperwork first than to have a claim struck out months later.

After the notice expires

If the tenant does not leave, apply to court — usually using the accelerated possession procedure, which is paper-based and does not normally require a hearing. Keep your certificate of service and copies of every compliance document, because the court will ask for them.

The Renters Rights reforms

Section 21 is being abolished as part of the Renters Rights reforms, with possession moving entirely to a strengthened Section 8 grounds system. Until the abolition takes effect for your tenancy, valid Section 21 notices can still be served — but always check gov.uk for the current commencement position before serving, and make sure you are using the latest version of the form.