Section 21 Notice UK: Complete Landlord Guide 2025 | Requirements, Process & Abolition

Renters Rights Bill — Section 21 Abolition Update

The Renters Rights Bill proposes to abolish Section 21 no-fault evictions. The Bill is expected to receive Royal Assent in 2025, with a transition period before the changes take effect. Landlords who wish to use the Section 21 route should act before the abolition date. After abolition, possession will only be possible by citing specific grounds under a reformed Section 8 process.

Direct Answer

A Section 21 notice is a no-fault notice to quit served under the Housing Act 1988. It allows landlords to recover possession without giving a reason. The notice period is 2 months. Before serving, landlords must satisfy 7 pre-conditions — including deposit protection, EPC, Gas Safety Certificate, and the How to Rent guide. Failure to comply with any pre-condition can invalidate the notice.

What Is a Section 21 Notice?

A Section 21 notice — formally called a Notice Requiring Possession of a Property Let on an Assured Shorthold Tenancy — is the legal mechanism landlords use to recover possession of a property without needing to give a reason. It is often called a “no-fault eviction” notice.

Unlike a Section 8 notice (which requires specific grounds such as rent arrears), a Section 21 notice can be served at any time after the fixed term has ended, or during a periodic tenancy, as long as all pre-conditions are met. The notice period is 2 months.

This guide covers everything you need to know: the 7 pre-conditions, how to serve correctly, the accelerated possession procedure, and the Renters Rights Bill abolition update. For the full landlord recovery process — including Section 8 — see our tenant not paying rent UK hub.

Also serving a Section 8?

If your tenant has rent arrears, serving both notices simultaneously is a widely recommended strategy. The Section 8 (14-day notice) expires first — allowing you to pursue court action on arrears grounds while the Section 21 is still running.

Read the Section 8 Notice Guide

The 7 Pre-Conditions for a Valid Section 21 Notice

All 7 must be satisfied before serving. A single failure can invalidate the notice — even if it was served correctly in every other respect.

Deposit protected in a government-approved scheme

Most commonly failed

Deposit Protection Service, MyDeposits, or TDS — within 30 days of receipt

Prescribed Information served on the tenant

Most commonly failed

Required within 30 days of receiving the deposit — separate from the scheme certificate

Valid EPC (Energy Performance Certificate) provided

Must have been given to the tenant at the start of the tenancy — rating E or above required

Gas Safety Certificate provided (if applicable)

Annual certificate — copy must be given to the tenant before they move in and each renewal

How to Rent guide provided

Current version must have been given at the start of the tenancy — check GOV.UK for the latest version

No outstanding improvement notices from the council

Most commonly failed

An active improvement notice or emergency remedial action notice can invalidate a Section 21

No retaliatory eviction risk

Most commonly failed

If the tenant has raised a written repair complaint in the last 6 months, the Section 21 may be invalid

The deposit trap — most common invalidation reason

Failing to protect the deposit within 30 days, or failing to serve the Prescribed Information, is the single most common reason Section 21 notices are invalidated. If the deposit was not protected on time, you must return the deposit in full before serving a valid Section 21 notice. You may also face a penalty of 1–3x the deposit amount.

How to Serve a Section 21 Notice: Step by Step

Follow these steps in order. Errors at any stage can invalidate the notice or delay possession.

Complete the Pre-Condition Checklist

Before serving

Before serving, verify all 7 pre-conditions are satisfied. A single failure can invalidate the notice. Check deposit protection, EPC, Gas Safety Certificate, How to Rent guide, and any outstanding council notices.

Use the Prescribed Form 6A

Form 6A required

Section 21 notices must use the official Form 6A (Notice Requiring Possession of a Property Let on an Assured Shorthold Tenancy). Using an outdated or incorrect form invalidates the notice. Always download the current version from GOV.UK.

Calculate the Correct Expiry Date

Critical calculation

The notice must give at least 2 months (8 weeks) from the date of service. For periodic tenancies, the expiry date must fall on the last day of a rental period. Getting this wrong is one of the most common reasons Section 21 notices are challenged.

Serve the Notice Correctly

Service method

Serve by hand (with a witness) or by first class post. If posting, the notice is deemed served on the second working day after posting. Keep proof of service — a Royal Mail Signed For receipt or a signed delivery note. Email service is not recommended unless the tenancy agreement expressly permits it.

Wait for the 2-Month Notice Period

2 months

You cannot apply to court before the notice period expires. Use this time to prepare your court application. If you also served a Section 8 notice, the Section 8 (14-day) will expire first — you can pursue that route while the Section 21 is still running.

Apply for Accelerated Possession (Form N5B)

After notice expires

If the tenant has not vacated after the notice expires, apply to the county court using Form N5B (accelerated possession procedure). This is a paper-based process — no hearing is required in most cases. The court fee is £355. The court will issue a possession order if the notice is valid.

Apply for a Warrant of Possession if Needed

Enforcement

If the tenant still does not leave after the possession order, apply for a warrant of possession (Form N325). County court bailiffs will then enforce the eviction. For faster enforcement, you can apply to transfer the case to the High Court and use High Court Enforcement Officers.

Section 21 vs Section 8: When to Use Each

Both notices can be served simultaneously — and this is a widely recommended strategy for landlords dealing with rent arrears. Here is when to use each:

Section 21 — No-Fault

2-month notice period
No reason required — does not depend on arrears level
Accelerated possession — no court hearing in most cases
Arrears pursued separately as a money claim
Cannot be served if tenant raised a repair complaint
Being abolished by the Renters Rights Bill

Section 8 — Fault-Based

14-day notice period for rent arrears grounds
Ground 8 is mandatory — court must grant possession if arrears remain
Arrears and possession claimed at the same hearing
Will remain available after Section 21 abolition
Fails if tenant clears arrears below 2 months before hearing
Must cite specific grounds — errors can invalidate the notice

Dual-notice strategy

Serving both notices simultaneously is a recognised and widely used strategy. The Section 8 (14-day notice) expires first — allowing you to pursue court action on arrears grounds while the Section 21 (2-month no-fault notice) is still running. If the Section 8 claim fails for any reason, the Section 21 route remains live. It costs nothing extra to serve both.

Accelerated Possession Procedure (Form N5B)

One of the key advantages of Section 21 is the accelerated possession procedure — a paper-based court process that does not require a hearing in most cases. Here is how it works:

File Form N5B with the county court

After the notice period expires, complete Form N5B (Claim for Possession of Property — Accelerated Procedure) and file it with the county court. The court fee is £355. You must attach a copy of the Section 21 notice, proof of service, and evidence of the pre-conditions being met.

Court reviews the paperwork — no hearing required

A district judge reviews the paperwork. If the notice is valid and all pre-conditions are met, the court will issue a possession order without a hearing. The tenant has 14 days to respond. If the tenant raises a defence, a hearing may be listed.

Possession order issued

The court will issue a possession order giving the tenant 14 days to vacate (or up to 42 days in cases of exceptional hardship). If the tenant does not leave, you can apply for a warrant of possession.

Warrant of possession — bailiff enforcement

If the tenant still does not leave after the possession order, apply for a warrant of possession (Form N325). County court bailiffs will enforce the eviction. For faster enforcement, you can apply to transfer the case to the High Court and use High Court Enforcement Officers (HCEOs).

Renters Rights Bill: What Happens When Section 21 Is Abolished?

The Renters Rights Bill proposes to abolish Section 21 no-fault evictions. Here is what landlords need to know:

Timeline

The Bill is expected to receive Royal Assent in 2025. There will be a transition period before the changes take effect — the exact date has not yet been confirmed. Landlords should monitor GOV.UK for updates.

What replaces Section 21?

After abolition, landlords will only be able to recover possession by citing specific grounds under a reformed Section 8 process. New grounds will be introduced, including a ground for landlords who wish to sell the property or move in a family member.

Act now if you need to use Section 21

If you wish to use the Section 21 route, you should serve the notice before the abolition date. Once abolished, Section 21 will no longer be available — even for existing tenancies. The Section 8 route (with specific grounds) will remain available after abolition.

After abolition: Section 8 becomes the primary route

Once Section 21 is abolished, Section 8 will become the primary possession route for landlords. Understanding the Section 8 grounds — especially Ground 8 (mandatory rent arrears), Ground 10 and Ground 11 — will be essential for all landlords.

Read the Section 8 Notice Guide

Common Mistakes That Invalidate a Section 21 Notice

Using an outdated version of Form 6A — always download the current prescribed form from GOV.UK
Failing to protect the deposit within 30 days — this is the most common reason Section 21 notices are invalidated
Serving the Prescribed Information late — it must be served within 30 days of receiving the deposit, not just at the start of the tenancy
Calculating the notice period incorrectly — 2 months from the date of service, not the date of the notice
Expiry date not falling on the last day of a rental period (for periodic tenancies)
Serving after a tenant has raised a written repair complaint — retaliatory eviction protection applies
Failing to provide the current How to Rent guide — the version must be current at the time of service
Applying to court before the notice period has expired — the claim will be struck out
Not keeping proof of service — without this, the tenant can challenge whether the notice was served

Ready to generate your Section 21 notice draft?

Our Tenant Recovery Pack generates a personalised Section 21 notice draft, a Section 8 notice (citing Grounds 8, 10 and 11), a Letter Before Action, and court claim particulars — all based on your case details. Includes a notice period calculator and pre-condition checklist.

Generate Section 21 Notice Draft Read the Section 8 Guide

Frequently Asked Questions

What is a Section 21 notice?

A Section 21 notice is a no-fault notice to quit served under Section 21 of the Housing Act 1988. It allows a landlord to recover possession of a property at the end of a fixed-term tenancy, or during a periodic tenancy, without needing to give a reason. The notice period is 2 months.

What are the pre-conditions for a valid Section 21 notice?

Before serving a Section 21 notice, landlords must have: (1) protected the deposit in a government-approved scheme and served the Prescribed Information within 30 days; (2) provided a valid EPC; (3) provided a current Gas Safety Certificate; (4) provided the current How to Rent guide; (5) no outstanding improvement notices from the council; and (6) not received a repair complaint from the tenant (retaliatory eviction protection). Failure to comply with any of these requirements can invalidate the notice.

What is the notice period for a Section 21 notice?

The notice period for a Section 21 notice is 2 months (8 weeks). The notice must expire on or after the last day of a period of the tenancy if the tenancy is periodic. After the notice expires, if the tenant has not vacated, you must apply to the county court for a possession order using the accelerated possession procedure.

Can I serve a Section 21 and Section 8 notice at the same time?

Yes — and this is a widely recommended strategy. The Section 8 (14-day notice for rent arrears) expires first, allowing you to pursue court action on arrears grounds while the Section 21 (2-month no-fault notice) is still running. If the Section 8 claim fails for any reason, the Section 21 route remains live. It costs nothing extra to serve both simultaneously.

Is Section 21 being abolished?

The Renters Rights Bill, currently progressing through Parliament, proposes to abolish Section 21 no-fault evictions. Once enacted, landlords will only be able to recover possession by citing specific grounds (similar to the current Section 8 process). The Bill is expected to receive Royal Assent in 2025, with a transition period before the changes take effect. Landlords should serve any Section 21 notices before the abolition date if they wish to use this route.

What happens if the tenant does not leave after a Section 21 notice?

If the tenant does not vacate after the notice period expires, you must apply to the county court for a possession order. For Section 21, you can use the accelerated possession procedure (Form N5B) — this is a paper-based process with no hearing required in most cases. If the court grants the order and the tenant still does not leave, you can apply for a warrant of possession to have bailiffs enforce the eviction.

Official Resources

Landlord Guide

Section 8 Notice UK: Complete Landlord Guide 2025

Everything UK landlords need to know about Section 8 notices — which grounds to use, how to serve correctly, the Ground 8 trap, and what happens at court.

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Landlord Guide

What to Do When Your Tenant Stops Paying Rent

Complete step-by-step guide from the first missed payment through to Section 8, Section 21, court claims and enforcement.

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Landlord Guide

How to Recover Unpaid Rent in the UK

Full landlord guide to recovering unpaid rent — from formal demand letters and county court claims to CCJ enforcement.

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