Understanding Section 21 Notices: What Renters in England Need to Know
If you rent your home in England under an assured shorthold tenancy (AST), you may hear about something called a Section 21 notice. This notice is a legal way for a landlord to ask you to leave your rented property, often called a 'no-fault' eviction because you do not have to have done anything wrong. It's important to understand your rights, what to expect, and where to find support if you receive one.
What is a Section 21 Notice?
A Section 21 notice is a written document that a landlord in England can give you if they want to end your AST and reclaim the property. Unlike other types of eviction notices, a Section 21 does not require the landlord to give a reason for ending the tenancy. This process is governed by the Housing Act 1988, Section 211.
If you receive a Section 21 notice, it means your landlord wants you to move out after a set notice period, and they intend to repossess their property.
When Can a Landlord Serve a Section 21 Notice?
- The tenancy is an assured shorthold tenancy (the most common type of tenancy in England).
- The tenancy has either ended (and become periodic) or your fixed-term contract is ending soon.
Your landlord cannot serve a Section 21 notice within the first four months of your tenancy starting. Additionally, they must follow legal steps, such as protecting your deposit and providing required documents (e.g., the How to Rent guide).
Key Legal Requirements for the Notice
- The notice must give at least two months' notice.
- It must be served using the correct form (Form 6A).
- The landlord must have met legal responsibilities, such as protecting your deposit in a government-approved scheme and giving you safety certificates.
If your landlord does not follow these requirements, the notice may not be valid.
Official Form: Section 21 Notice (Form 6A)
The official form to be used for a Section 21 eviction process in England is Form 6A – Notice seeking possession of a property let on an Assured Shorthold Tenancy.
- When is it used? Your landlord must use Form 6A if your tenancy started or was renewed on or after 1 October 2015.
- How is it served? Usually, it is delivered to you by hand, by post, or electronically (if you have agreed in writing to accept notices this way).
- Where to find it? View and download from the official UK government site: Form 6A2.
Example: If your landlord gives you a Form 6A on 1 June, the notice cannot ask you to move out before 1 August.
What Happens After You Receive a Section 21 Notice?
A Section 21 notice does not mean you have to leave immediately. You have:
- At least two months from the date the notice is properly served
- The right to stay until the end of the notice period
- Protection from being forced out without a court order
If you haven’t moved out by the end of the notice period, your landlord must apply to the court for an order to evict you. The First-tier Tribunal (Property Chamber) deals with some disputes, but most evictions are handled by the county courts3.
Your Rights as a Renter in England
- Your landlord cannot evict you without giving proper written notice and following the legal court process.
- You cannot be forced to leave until a court grants a possession order and, if necessary, a bailiff warrant.
- If you suspect harassment or illegal eviction, you can report your landlord to your local council’s housing team.
Action Steps if You Receive a Section 21 Notice
- Carefully check the notice for mistakes or missing details.
- Confirm that your deposit is protected and you were given all required documents.
- If the notice is valid and you wish to move out, try to leave by the date specified to avoid further legal proceedings.
- If the notice is not valid or you need more time, seek advice from Citizens Advice or your local council.
- Can a landlord give a Section 21 notice at any time?
No. Landlords must wait until at least four months after your tenancy began and meet certain legal requirements before they can serve this notice. - What should I do if I get a Section 21 notice?
Check the notice for errors, confirm your deposit is protected, and seek advice if unsure about its validity. Do not leave immediately; you can stay until the end of the notice period. - If I don't leave after the notice ends, what happens?
Your landlord must apply to court for a possession order. You have the right to attend the hearing and present your case before any eviction. - Can I be evicted if my landlord hasn't protected my deposit?
No. If your deposit wasn’t protected, the Section 21 notice may not be valid. Contact your local council or deposit scheme provider for help. - Who handles tenancy disputes and repossessions?
Most repossessions are dealt with by the county courts, but the First-tier Tribunal (Property Chamber) can handle some rental disputes and appeals.
Need Help? Resources for Renters
- Gov.uk: Evictions in England – Official government guidance on ending tenancies
- Citizens Advice – Free, confidential support for renters
- Your local council housing department – Support with illegal eviction and harassment
- First-tier Tribunal (Property Chamber) – Property disputes and appeals
- Form 6A (Section 21 Notice) – Download the official notice form
- Housing Act 1988, Section 21
- Form 6A (Section 21 Notice): Official form and instructions
- First-tier Tribunal (Property Chamber): Official Tribunal Information
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