Section 21 Definition
A Section 21 notice (named after Section 21 of the Housing Act 1988) is a legal mechanism that allows a landlord in England to end an assured shorthold tenancy (AST) without giving a reason. It is commonly referred to as a "no-fault eviction" notice because the landlord does not need to prove that the tenant has breached the tenancy agreement.
Section 21 applies only in England. Scotland abolished the equivalent in 2017, and Wales has introduced its own reforms under the Renting Homes (Wales) Act 2016.
How Section 21 Works
The process follows these steps:
- The landlord serves a written Section 21 notice using the prescribed Form 6A
- The notice gives at least two months' notice
- During a fixed-term tenancy, the notice cannot expire before the fixed term ends
- If the tenant does not leave by the expiry date, the landlord must apply to court for a possession order
- The court must grant possession if the notice is valid - there is no discretion
- If the tenant still does not leave, the landlord applies for a warrant of possession and bailiffs enforce it
Validity Requirements
A Section 21 notice is only valid if the landlord has complied with all legal obligations:
- Deposit protection: The tenant's deposit must be held in a government-approved tenancy deposit scheme and the prescribed information provided within 30 days
- Energy Performance Certificate: A valid EPC must have been provided to the tenant before the tenancy began
- Gas safety certificate: An up-to-date gas safety record must have been provided
- How to Rent guide: The latest version of the government's "How to Rent" guide must have been given to the tenant
- Licensing: If the property requires an HMO or selective licence, the landlord must have applied for or obtained it
- No retaliatory eviction: The notice cannot be served within six months of the local authority serving an improvement notice or emergency remedial action notice following a tenant's complaint
The Renters' Rights Bill
The Renters' Rights Bill, introduced in September 2024, will abolish Section 21 notices entirely. Under the new framework:
- All assured shorthold tenancies will become periodic (rolling) tenancies with no fixed end date
- Landlords will only be able to evict tenants using Section 8 notices with specified grounds
- New grounds will include the landlord wanting to sell the property or move in (with at least four months' notice)
- Existing grounds (rent arrears, antisocial behaviour) will be strengthened
- Tenants will be able to give two months' notice to leave at any time
- A new Private Rented Sector Ombudsman will handle disputes
Impact on Landlords and Tenants
The abolition of Section 21 represents the biggest change to the private rented sector in a generation. For tenants, it provides greater security - they cannot be evicted without a valid reason. For landlords, it means reliance on the Section 8 process, which is slower and requires evidence. The government has committed to improving court processes to ensure landlords can still recover their properties when they have legitimate grounds.