Section 21 Eviction Notice: The Landlord's Guide | LegalDocuments.co.uk

What this document is

A Section 21 notice is the written notice a landlord in England or Wales serves on an assured shorthold tenant to recover possession of the property at, or after, the end of the fixed term. It takes its name from section 21 of the Housing Act 1988 and is often called a 'no-fault' notice because the landlord does not need to prove the tenant has breached the agreement.

That's the key difference between it and a Section 8 notice, which relies on specific grounds such as rent arrears or anti-social behaviour. A Section 21 notice on its own doesn't remove anyone. It tells the tenant the date by which possession is required.

If the tenant stays beyond that date, the landlord has to apply to the county court for a possession order, and potentially a warrant for bailiffs, before anyone is lawfully evicted. The notice must be served using the prescribed form (Form 6A) and must give the tenant at least two months.

Various prerequisites, deposit protection, the 'How to Rent' guide, gas safety certificate, EPC, have to be in place before service, or the notice will not be valid. Reform is also on the horizon, so landlords should check the current position before relying on this route.

How to use this document

1. Check the tenancy type and timing. Section 21 only applies to assured shorthold tenancies in England and Wales. Confirm you're outside any initial period when a Section 21 cannot be served (generally the first four months of the original tenancy), and that you're not trying to use it as retaliation after the tenant has raised legitimate disrepair complaints with the council.
2. Make sure your compliance paperwork is in order. Before serving, the tenant must have received a valid Energy Performance Certificate, a current gas safety certificate (where applicable), and the government's 'How to Rent' guide. Any deposit must have been protected in an approved scheme within the required timescale, with the prescribed information given to the tenant. Missing any of these generally blocks a Section 21.
3. Complete the prescribed form correctly. Use Form 6A, the government-prescribed form for assured shorthold tenancies in England. Fill in the landlord and tenant details, the property address, and the date after which possession is sought. Give at least two months' notice, and longer if your tenancy agreement requires it. Double-check the dates, small errors are the most common reason notices fail.
4. Serve the notice properly and keep evidence. Serve the notice in line with any method set out in the tenancy agreement, for example by hand, by first-class post, or by email if the agreement permits it. Keep proof of service, such as a certificate of service, a photograph of the posted envelope, or delivery confirmation. You will need this if the matter later goes to court.
5. Apply to court if the tenant does not leave. The notice itself does not evict anyone. If the tenant remains after the date given, you can apply for a possession order through the standard or accelerated possession procedure. If the tenant still does not leave after an order is made, you then apply for a warrant so county court bailiffs can carry out the eviction lawfully. Never change the locks yourself.

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