Serving a Section 21 notice has long been one of the most common ways for landlords in England and Wales to regain possession of a rental property. Often referred to as a “no-fault eviction”, a Section 21 notice allows landlords to seek possession of a property without having to prove the tenant has breached the tenancy agreement.
However, the legal landscape is changing rapidly due to new tenancy reforms. Landlords must understand both the current requirements for serving a valid Section 21 notice and the upcoming changes that will affect how possession is recovered in the future.
This guide explains how Section 21 works, when it can be served, and the key legal requirements landlords must follow.
What Is a Section 21 Notice?
A Section 21 notice is a legal notice served under Section 21 of the Housing Act 1988. It allows a landlord to end an assured shorthold tenancy (AST) and request possession of the property without giving a reason for eviction.
The notice is only the first step in the possession process. If the tenant does not leave the property by the expiry of the notice period, the landlord must still apply to the court for a possession order and potentially request bailiffs to enforce eviction.
In most cases, a landlord must give the tenant at least two months’ notice when serving a Section 21 notice.
This type of notice has historically been widely used in the private rented sector because it does not require landlords to prove grounds for possession, unlike a Section 8 notice, which relies on specific legal grounds such as rent arrears or anti-social behaviour.
Legal Requirements for Serving a Valid Section 21 Notice
For a Section 21 notice to be valid, several legal requirements must be met. Failure to comply with these rules can make the notice invalid and prevent a landlord from obtaining possession through the courts.
Landlords must ensure the following:
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The notice must be served using the prescribed Form 6A.
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The tenant must be given at least two months’ notice before court proceedings can begin.
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The notice cannot usually be served within the first four months of the tenancy.
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Any tenancy deposit must be protected in an approved scheme and the tenant given the prescribed information.
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The tenant must have received required documents such as the Energy Performance Certificate (EPC), Gas Safety Certificate (where applicable), and the “How to Rent” guide.
If these requirements are not met, the Section 21 notice may be challenged and ruled invalid by the court.
In addition, landlords must also ensure the notice is properly served, which may involve personal delivery, posting to the tenant’s address, or another method permitted by the tenancy agreement.
Key Timing Rules and the Court Process
Timing is an important factor when serving a Section 21 notice.
Once the notice is served, the landlord must wait for the minimum notice period to expire before starting possession proceedings in court.
If the tenant remains in the property after the notice period ends, the landlord must follow the legal eviction process:
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Serve a valid Section 21 notice.
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Apply to the court for a possession order.
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Request bailiffs to carry out the eviction if the tenant still does not leave.
Landlords cannot legally remove tenants themselves or change the locks without a court order. Doing so could amount to illegal eviction, which carries serious legal consequences.
It is also important to note that court proceedings must typically be started within six months of the date the notice was served, otherwise the notice may expire.
Changes to Section 21 Under the Renters’ Rights Act
The law surrounding Section 21 is currently undergoing significant reform.
The Renters’ Rights Act 2025 introduces a major shift in the private rental sector by abolishing Section 21 “no-fault” evictions. Under the reforms, most assured shorthold tenancies will convert to assured tenancies, and landlords will no longer be able to use Section 21 to regain possession.
From 1 May 2026, private landlords in England will no longer be able to serve new Section 21 notices.
Instead, landlords will generally need to rely on Section 8 grounds for possession, which require a specific reason for eviction, such as:
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Rent arrears
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Breach of tenancy conditions
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The landlord wishing to sell the property
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The landlord or family member needing to move into the property
However, Section 21 notices served before the reform date may still be valid provided the landlord begins court proceedings within the required timeframe.
These reforms are intended to give tenants greater housing security while still allowing landlords to recover possession through legitimate grounds.
Conclusion
Serving a Section 21 notice has historically been one of the most straightforward ways for landlords to regain possession of their property in England and Wales. However, strict legal requirements must be followed for the notice to be valid, including using the correct form, providing the correct notice period, and complying with various tenancy regulations.
With major changes coming into force under the Renters’ Rights Act, landlords should ensure they fully understand their legal obligations and plan for the transition away from Section 21.
Professional legal advice can help landlords avoid costly mistakes and ensure the possession process is handled correctly.
Need Help With a Section 21 Notice?
If you are a landlord considering serving a Section 21 notice, it is essential to ensure the notice is legally valid and served correctly. Errors can delay possession proceedings and lead to significant legal costs.
Penerley’s specialist property and litigation team can assist with preparing and serving notices, reviewing tenancy documentation, and handling possession proceedings from start to finish.
Contact Penerley today for expert legal advice on landlord and tenant matters.
