Section 21 Notice: Complete Guide for UK Landlords

Only the landlord named on the tenancy agreement, a letting agent acting on the landlord's behalf, or a solicitor instructed by the landlord can serve a Section 21 notice. The notice must be directed at all tenants named on the Assured Shorthold Tenancy (AST) agreement.

Specifically, a Section 21 notice can be served by:

• The landlord named on the tenancy agreement
• A letting agent acting on the landlord's behalf
• A solicitor instructed by the landlord

The notice must be served on all tenants named on the tenancy agreement. If there are joint tenants, each must receive a copy.

Tenancies That Qualify

Section 21 can only be used for assured shorthold tenancies (ASTs) in England. It cannot be used for:

• Assured tenancies (non-shorthold)
• Regulated tenancies (pre-1989)
• Excluded tenancies (lodgers)
• Tenancies where the property is the landlord's only or principal home

A valid Section 21 notice requires the landlord to have protected the tenant's deposit in a government-approved scheme, provided prescribed documents (EPC, gas safety certificate, and the How to Rent guide), and used the correct Form 6A. All conditions must be met before or at the time of service.

Prescribed Requirements

• Deposit protection: The tenant's deposit must be registered with a government-approved scheme — the Deposit Protection Service (DPS), Tenancy Deposit Scheme (TDS), or MyDeposits — and the tenant must have received the prescribed information within 30 days of payment
• Energy Performance Certificate (EPC): A valid EPC must have been provided to the tenant before the tenancy started
• Gas Safety Certificate: A current gas safety record must have been provided to the tenant before they moved in, and annually thereafter
• How to Rent guide: The government's "How to Rent" checklist must have been provided to the tenant at the start of the tenancy (and the latest version at any renewal)

Notice Period and Form

• Minimum 2 months' notice
• Must use the prescribed Form 6A (Section 21 notice form)
• Cannot be served in the first 4 months of the original tenancy
• Must not expire before the end of a fixed-term tenancy
• Valid for 10 months from the date of service — court proceedings must begin within this period

Retaliatory Eviction Protection

Under the Deregulation Act 2015, a Section 21 notice is invalid if:

• The tenant made a legitimate complaint about the property's condition
• The local council served an improvement notice or emergency remedial action notice on the landlord
• The notice was served within 6 months of the council's notice

Section 21 possession typically costs between £1,500 and £3,000+ in total, covering County Court fees, solicitor costs, and lost rent during the process. If the tenant does not leave voluntarily after the notice expires, you must apply to HM Courts & Tribunals Service for a possession order.

Court Fees

Total Estimated Cost

The total cost of a Section 21 possession — including County Court fees, potential solicitor costs, and lost rent during the process — typically ranges from £1,500 to £3,000+. The accelerated possession procedure is usually the fastest and most cost-effective route for Section 21 claims, as it does not require a court hearing. Recent estimates suggest costs may rise further under the Renters Rights Act 2025 as landlords shift to Section 8 grounds.

If your Section 21 notice is invalid, the County Court will dismiss your possession claim outright, meaning you cannot recover the property. You will need to correct the deficiency, serve a fresh notice, and wait the full two-month notice period again — adding 4 to 6 months to your timeline and costing £1,000 or more in wasted fees.

• The County Court will dismiss the possession claim — the landlord cannot recover the property
• The landlord must start again — issue a new valid notice and wait the full notice period
• Court fees are not refunded for a dismissed claim
• The tenant may be able to claim legal costs if the case reaches a hearing
• In total, an invalid notice can add 4–6 months to the possession timeline and cost £1,000+ in wasted fees

The most common reasons for invalid Section 21 notices are:

• Deposit not protected with an approved scheme (DPS, TDS, or MyDeposits) or prescribed information not served
• No valid EPC or gas safety certificate provided
• Wrong form used (must be Form 6A)
• Notice served too early (within first 4 months of the Assured Shorthold Tenancy)
• How to Rent guide not provided or outdated version provided

The Renters Rights Act 2025 will abolish Section 21 entirely for all Assured Shorthold Tenancies in England, ending no-fault evictions. Once in force, landlords will only be able to seek possession through Section 8 of the Housing Act 1988, which requires proving a specific ground such as rent arrears or the landlord's intention to sell.

What Is Changing

• No-fault evictions will end. Landlords will no longer be able to evict a tenant without giving a valid reason
• All tenancies become periodic. Fixed-term ASTs will be replaced by rolling periodic tenancies
• Section 8 becomes the primary route. Landlords must use Section 8 grounds (rent arrears, antisocial behaviour, landlord wants to sell or move in, etc.) to seek possession
• New and expanded grounds for possession are being added to compensate for the loss of Section 21

Timeline

The Renters Rights Act 2025 received Royal Assent in 2025. Implementation is phased — Phase 0 (PRS database, ombudsman registration) is already in force. The Section 21 abolition date has not yet been confirmed but is expected in 2026. The Deregulation Act 2015 already introduced retaliatory eviction protections, and this Act goes significantly further.

What Landlords Should Do Now

• Familiarise yourself with the expanded Section 8 grounds — these will be your only route to possession via HM Courts & Tribunals Service
• Ensure your tenancy agreements and processes are compliant with the new rules as they come into force
• Keep detailed records of all compliance, communications, and rent payments — evidence is critical under Section 8
• Consider using property management software like ZenRent to track all tenant interactions and compliance documents automatically

To serve a Section 21 notice correctly, you must first confirm that every prescribed requirement is satisfied — deposit protection, EPC, gas safety certificate, and the How to Rent guide — then complete the official Form 6A and deliver it to the tenant using a valid service method. Follow these steps in order.

Step 1: Verify Prescribed Requirements

Before serving the notice, confirm:

• Deposit is protected with a government-approved scheme (DPS, TDS, or MyDeposits) and prescribed information has been served
• A valid EPC has been provided to the tenant
• A current gas safety certificate has been provided
• The latest "How to Rent" guide has been given to the tenant
• No council improvement notice has been served in the last 6 months (per the Deregulation Act 2015)

Step 2: Complete Form 6A

Download the prescribed Form 6A from GOV.UK. Complete all fields accurately — any errors may invalidate the notice.

Step 3: Calculate the Correct Notice Period

The notice must give at least 2 months. If the Assured Shorthold Tenancy has a fixed term, the expiry date cannot be before the end of that term.

Step 4: Serve the Notice

Serve the notice by:

• Handing it directly to the tenant (keep a signed record of receipt)
• Posting it through the tenant's letterbox at the property (take a dated photo)
• Sending by first-class post (add 2 working days to the notice period for postal service)

Email and text message are not valid service methods unless the tenancy agreement specifically permits electronic service.

Step 5: Keep Records

Keep copies of the notice, proof of service, and all prescribed documents. If the case goes to court, you will need to prove that every requirement was met.