Section 21 Notice

Legal & Regulatory

A 'no-fault' eviction notice allowing landlords to regain possession without proving tenant wrongdoing - being abolished under the Renters' Rights Act 2025

Section 21 Notice is a no-fault eviction notice under the Housing Act 1988 that allows landlords to regain possession without proving tenant wrongdoing. Requiring 2 months' notice, Section 21 has been used for approximately 20,000 possession claims annually in England. The Renters' Rights Act 2025 abolishes Section 21 from 1 May 2026 for all tenancies, requiring landlords to use grounds-based Section 8 notices instead.

How Section 21 Works (Current Law)

Notice period: 2 months minimum

Can be served:

  • At any time during a periodic tenancy
  • After fixed term ends
  • During fixed term if agreement allows

Requirements for validity:

  • Property must be in England or Wales
  • Tenant must have received: How to Rent Guide, EPC, Gas Safety Certificate
  • Deposit must be properly protected
  • Correct prescribed form used (Form 6A)
  • No selective licensing breach

Section 21 Validity Requirements

The notice is invalid if:

  • Deposit not protected in approved scheme
  • Prescribed Information not served
  • How to Rent Guide not provided
  • Property requires but lacks licence
  • Improvement notice served by council
  • Form 6A not used correctly

The Abolition of Section 21

Renters' Rights Act 2025:

  • Section 21 will be abolished from May 2026
  • Landlords must use Section 8 grounds
  • No more "no-fault" evictions
  • Applies to all tenancies (new and existing)

New grounds being added:

  • Landlord or family wants to live in property
  • Landlord wants to sell
  • Anti-social behaviour (strengthened)
  • Repeated rent arrears

Impact of Abolition

For landlords:

  • Must have grounds to evict
  • May face longer possession process
  • Need to maintain good tenant relationships
  • Consider fixed-term alternatives carefully

For tenants:

  • Greater security of tenure
  • Cannot be evicted without reason
  • Must still pay rent and comply with agreement

For Letting Agents

Preparing for Section 21 abolition:

  • Understand new Section 8 grounds
  • Advise landlords on implications
  • Document all tenant issues carefully
  • Help landlords plan for changes
  • Update processes and documentation

Related Terms

Assured Shorthold Tenancy (AST)

The most common type of residential tenancy in England, giving landlords the right to regain possession while providing tenants with certain protections

Periodic Tenancy

A tenancy that runs on a rolling basis without a fixed end date, typically continuing month to month until either party gives notice

Section 8 Notice

A notice allowing landlords to seek possession based on specific grounds such as rent arrears or antisocial behaviour

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