Last reviewed: May 2026
Key facts:- Section 21 of the Housing Act 1988 allows landlords to end an assured shorthold tenancy with at least 2 months notice without giving a reason.
- The notice must be served on prescribed Form 6A and meet several procedural requirements - deposit protection, gas safety, How to Rent guide and EPC compliance.
- Section 21 is being abolished by the Renters Rights Act 2024; the appointed day for abolition will be set by statutory instrument.
UK Housing Rights Hub › Uk Section 21 Notice Rules
Section 21 has been the standard route for ending an assured shorthold tenancy in England without giving a reason. The notice itself is simple, but the procedural requirements that surround it are unforgiving. This upgraded guide sets out the rules as they currently stand, the common landlord errors that invalidate notices, the tenant defences, and what changes under the Renters Rights Act 2024.
The Basic Section 21 Process
Section 21 of the Housing Act 1988 allows a landlord of an assured shorthold tenancy to end the tenancy by giving the tenant at least two months notice in writing on prescribed Form 6A. The notice does not need to specify a reason.
Once the notice expires and the tenant has not left, the landlord can issue a possession claim through the accelerated procedure under Part 55 of the Civil Procedure Rules. The court must grant possession provided the procedural requirements are met.
Section 21 cannot be used during the first four months of a tenancy. It also cannot be used during the fixed term to end the tenancy on a date before the fixed term ends, unless the tenancy agreement contains a break clause.
Procedural Requirements - the Compliance Traps
Several procedural compliance steps must be met before a valid Section 21 notice can be served. First, the tenant deposit must have been protected in an authorised tenancy deposit scheme within 30 days of receipt, and the prescribed information about the protection must have been given to the tenant.
Second, the property must have a valid gas safety certificate (where applicable) and the certificate must have been given to the tenant before move-in. Third, an Energy Performance Certificate must have been given to the tenant. Fourth, the most recent How to Rent guide published by the government must have been given to the tenant.
Where any of these requirements has not been met, the Section 21 notice is invalid. The landlord must remedy the breach and serve a fresh notice. Some breaches, particularly around deposit protection, can be difficult to remedy retrospectively.
Form 6A and Notice Periods
Form 6A is the prescribed form for a Section 21 notice in England. It is available to download from gov.uk. The form sets out the property address, the date on or after which possession is sought, and the landlord signature.
The notice period must be at least two months. Where the tenancy is a contractual periodic tenancy with rental periods longer than two months, the notice must run to the end of the next applicable rental period. For most monthly tenancies this is two months notice.
Service of the notice should be by recorded delivery, process server or hand delivery with a witness, to ensure proof of service. The court accepts deemed service rules where notice was sent by first class post, but the rebuttable presumption can be challenged.
Tenant Defences
The most common defence is that the landlord has not complied with one of the procedural requirements. A defence based on lack of deposit protection or non-provision of the gas safety certificate is often successful and forces the landlord to start again.
Another common defence is retaliatory eviction. Under the Deregulation Act 2015, a Section 21 notice cannot be served within six months of the local authority serving an Improvement Notice or Emergency Remedial Action notice on the property. Tenants who have complained about disrepair and triggered such a notice may have a defence.
Counterclaims for disrepair are also possible. Where the property has unaddressed disrepair issues, the tenant can counterclaim damages and an order requiring the landlord to repair. The counterclaim does not by itself defeat the possession claim but it can offset rent arrears and may persuade the court to delay possession.
The Renters Rights Act 2024 - What Changes
The Renters Rights Act 2024 abolishes Section 21 in England. The appointed day for abolition will be set by statutory instrument. After that date, no new Section 21 notices can be served.
Existing assured shorthold tenancies will be converted to periodic assured tenancies under the new regime. Landlords seeking possession will need to rely on one of the Section 8 grounds, which are being reformed and in some cases strengthened.
Notices served before the appointed day generally remain valid in the transitional period. Possession claims that have already been issued will be allowed to continue under the old procedure. Landlords planning to use Section 21 should act before the appointed day; tenants who receive a Section 21 notice should still get legal advice on whether it is valid.
Step-by-Step Procedure for the Old Section 21 Route
Pre-notice compliance check. Before serving any Section 21 notice, the landlord should verify deposit protection, gas safety, EPC and How to Rent guide compliance. Any non-compliance must be remedied before notice can be validly served.
Serving Form 6A. The prescribed notice is Form 6A, available from gov.uk. The form is completed with the property address, the date on or after which possession is sought, and the landlord signature. Service should be by recorded delivery, process server or hand delivery with witness.
Issuing court proceedings. If the tenant does not leave by the notice expiry date, the landlord can issue possession proceedings using the accelerated procedure under Part 55 of the Civil Procedure Rules. The court reviews the documentation and, if procedural requirements are met, grants possession.
Enforcement. Once a possession order is granted, the tenant has 14 to 28 days to leave. If they do not leave, the landlord applies for a warrant of possession. Bailiffs enforce the warrant. The whole process from notice to enforcement typically takes 4 to 6 months.
Where to Get Free Independent Help
Shelter is the leading housing charity in the UK and provides free advice on section 21 notice. The Shelter website at shelter.org.uk has detailed guides covering tenancy rights, eviction, repairs and homelessness. Shelter also operates phone and webchat services for urgent housing issues.
Citizens Advice runs a national housing advice service alongside Shelter. Local Citizens Advice offices can help with form-filling, deposit disputes, possession proceedings and other housing issues. Citizens Advice has the advantage of being able to deal with related issues (benefits, debt) at the same time.
The Housing Ombudsman handles complaints about social landlords - councils and housing associations. Where a tenant is unhappy with their social landlord, the Ombudsman is the independent route after the landlord internal complaints procedure has been exhausted.
Local council homelessness teams have duties under the Housing Act 1996 to help people who are homeless or threatened with homelessness. Anyone facing imminent loss of accommodation should approach the council homelessness team for an assessment and help with rehousing.
The county court handles formal possession proceedings. Court-administered free advice schemes operate at many county courts for unrepresented tenants facing possession claims. The Housing Possession Court Duty Scheme provides free legal advice at court on the day of the hearing.
For specific tenancy disputes, the First-tier Tribunal (Property Chamber) handles complaints about service charges, leasehold issues and rent assessment. The tribunal is free for many applications and is designed to be accessible to litigants in person. The gov.uk property tribunal pages explain the process.
Putting It All Together
The rules above set out the legal framework, the practical steps and the support routes available. Where the situation is straightforward, the gov.uk pages and the official tools should be enough to act on. Where the situation is more complex, the free advice services listed in the previous section can usually clarify the position and identify the right next step. Many issues that look intractable at first turn out to be resolvable once the right service is engaged.
Keeping written records of communications and decisions throughout is good practice. Where a decision needs to be challenged later - through an internal complaint, an ombudsman, a tribunal or a court - the quality of the contemporaneous record often decides the outcome. Dates, names, reference numbers and copies of correspondence are the building blocks of any later dispute. The gov.uk advice pages and the relevant ombudsman or tribunal websites all set out the evidence they consider when reviewing decisions, and gathering that evidence from the start is one of the most effective protections available.
Frequently Asked Questions
How much notice does a landlord need to give under Section 21?
At least two months in writing on prescribed Form 6A. Some periodic tenancies with longer rental periods require longer notice. The notice cannot be served during the first four months of a tenancy.
What is Form 6A?
The prescribed Section 21 notice form for England, available from gov.uk. The form must be completed correctly; errors or omissions render the notice invalid.
Can my landlord serve a Section 21 if my deposit is not protected?
No. Deposit protection within 30 days plus provision of the prescribed information is a precondition of a valid Section 21 notice. Lack of protection invalidates the notice.
What is retaliatory eviction?
A Section 21 notice served in response to a tenant complaint about disrepair, where the local authority has served an Improvement Notice within the previous six months. Such a notice is invalid under the Deregulation Act 2015.
Will Section 21 still apply when I receive a notice now?
Section 21 remains available until the appointed day set by the Renters Rights Act 2024. Notices served before that day generally remain valid in the transitional period. Tenants should still take legal advice on the specific notice.
Can I withhold rent if I am served Section 21?
No. Withholding rent is risky and can lead to additional grounds for possession or county court judgments. Disrepair issues should be raised through a formal complaint and, if needed, a counterclaim within the possession proceedings.
Can I be evicted in winter?
There is no winter exemption from Section 21. The notice can be served at any time and the eviction can proceed regardless of the season. Some councils provide additional support to families being evicted during winter through the Household Support Fund.
What if I am pregnant?
Pregnancy alone does not stop a Section 21 eviction, but it can be relevant to the timescale the court allows. The court may grant a longer period (28 to 56 days) for the tenant to leave where exceptional hardship is shown.
Can I challenge the deposit protection compliance?
Yes. If the deposit was not protected within 30 days or the prescribed information was not given, the Section 21 notice is invalid. The tenant can also claim up to three times the deposit as compensation under the Housing Act 2004.
Can a tenant withhold rent in response to Section 21?
No. Withholding rent is risky and can lead to additional grounds for possession. Disrepair issues should be raised through formal procedures or counterclaim within possession proceedings.
How We Verified This
Information is taken from the Housing Act 1988 section 21 on legislation.gov.uk, the Deregulation Act 2015 sections on retaliatory eviction and Section 21 procedural compliance, the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 2015, the gov.uk private renting pages, and the Renters Rights Act 2024.
