Section 21 Notice Explained: UK Landlord Guide

Section 21 is a 'no-fault' eviction notice under the Housing Act 1988. You can use it to end an assured shorthold tenancy without stating a reason. You must give at least 2 months' written notice. Failure to follow the rules means the notice is invalid and the court will not enforce it.

What is Section 21?

Section 21 allows you to regain possession of a property at the end of a tenancy term or during a periodic tenancy. Unlike Section 8 eviction, you do not need to prove breach of contract, rent arrears, or any other ground. The tenant has no statutory right to defend it in court, provided you have complied with all legal requirements.

This is a 'no-fault' mechanism. You can use it to sell the property, move a family member in, or simply decide not to renew the tenancy. The tenant must leave. If they refuse, you apply to court for a possession order and, if granted, ask the bailiff to carry out an eviction.

Notice Period and Timing

You must give a minimum of 2 months' written notice. The notice period starts the day after you serve it and ends on the last day of the tenancy period or, in a periodic tenancy, the anniversary of the tenancy start date or any later anniversary.

• Fixed-term tenancy: notice must expire on or after the final day of the fixed term.
• Periodic tenancy (e.g. month-to-month): notice must expire on the anniversary of the tenancy start or a later anniversary date.
• Weekends and bank holidays do not pause the clock. Count the full 2 months forward from the service date.

If your tenant is still in occupation after the notice period expires, you will need to apply to court for a possession order. Courts almost always grant it, provided you have met the legal preconditions.

Deposit Protection and Prescribed Information

You can only serve a valid Section 21 notice if your tenant's deposit has been protected in an authorised scheme and the prescribed information has been given within 30 days of the tenancy start. This is a strict rule. Courts reject Section 21 notices if the deposit was not properly protected or the prescribed information was served late or inadequate.

• The deposit must be held in one of three authorised schemes: Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme.
• Prescribed information is a government-issued document that explains the deposit scheme, the tenant's rights, and the claims process. You must give the tenant a physical or electronic copy within 30 days.
• If you fail to serve prescribed information, or serve it after 30 days, the notice is invalid even if everything else is correct.
• If the deposit was not protected at all, the Section 21 notice is unenforceable.

Before you serve Section 21, double-check your deposit protection scheme portal and your records. Many Section 21 evictions fail because the prescribed information was never issued or was issued days too late.

How to Serve Section 21 Notice

Section 21 must be served in writing. Hand delivery, post, or email (if the tenant has agreed to electronic service) are all acceptable. You must keep proof of service—a signed receipt, a copy of the letter with a date stamp from the post office, or an email read receipt.

• Write the notice clearly and include the property address, tenancy start date, and the date on which the tenancy will end (the notice expiry date).
• You can use the government prescribed form or write your own, provided it contains all the required information.
• Sign and date it. Unsigned notices are invalid.
• Keep a copy for your records and retain proof that you served it.
• Service by email is only valid if the tenant has expressly agreed to it in writing in the tenancy agreement or separately.

If you are unsure about the correct expiry date, use a tenancy date calculator or check with your local Citizens Advice Bureau to avoid costly mistakes.

Recent Changes to Section 21

Section 21 is being phased out. The government has introduced restrictions and is planning to abolish 'no-fault' evictions. Read Section 21: What Is Changing for Landlords? for the latest rules and timescales. Some restrictions are already in force, including a ban on Section 21 notices during the first 4 months of a tenancy and restrictions on when you can serve notice if the tenant is in rent arrears.

Check GOV.UK regularly, as further changes are likely. If you are planning an eviction, confirm the current legal position before serving notice.

What Happens After You Serve Notice

Once the notice period expires, the tenant should vacate the property. If they remain, you apply to court for a possession order. Courts grant possession orders in nearly all cases if you have complied with the legal preconditions and the notice period is correct.

• Apply to your local county court with the completed claim form and a copy of the Section 21 notice.
• There is a court fee (currently around £308, but check the court fee table on GOV.UK).
• The tenant will be notified and invited to respond, but they have no statutory defence if your notice is valid.
• The judge will usually grant the possession order without a hearing, or after a brief hearing.
• Once you have a possession order, you can ask the bailiff to evict the tenant. The bailiff will give the tenant notice and carry out the eviction if the tenant does not leave voluntarily.

The entire process—from serving notice to bailiff eviction—can take 3 to 6 months depending on court workload and how quickly you apply.

Common Pitfalls to Avoid

Many landlords make mistakes that render Section 21 notices invalid or unenforceable:

• Serving notice without checking deposit protection status.
• Forgetting to issue or reissue prescribed information.
• Calculating the notice expiry date incorrectly (especially in periodic tenancies).
• Failing to keep proof of service.
• Serving Section 21 within the first 4 months of the tenancy (now prohibited in most cases).
• Serving notice by phone or in person without written confirmation.
• Serving notice that does not identify the property or tenancy clearly.

If you are unsure, seek advice from a letting agent, a property solicitor, or your local landlord association. The cost of advice is far lower than the cost of a failed eviction.

Section 21 vs Section 8

You can also end a tenancy using Section 8 eviction, which requires you to prove a breach of the tenancy agreement (e.g. rent arrears or damage). Section 8 is faster than Section 21 in some cases but requires grounds. Section 21 is 'no-fault' but must follow strict procedural rules. Choose the right tool for your situation. If the tenant is in arrears, Section 8 may be quicker. If you simply want to regain the property, Section 21 is the standard route—provided it remains available under current law.

Insurance and Landlord Responsibilities

Even during an eviction, you remain responsible for the property. Check that your landlord insurance covers legal costs and eviction liability. Some policies reimburse court fees and solicitor costs if the eviction is contested or if the tenant claims damages. Do not let the insurance lapse while you are pursuing eviction.

This is general information, not legal advice. Landlord law changes — check GOV.UK or a property solicitor for your situation.