Section 21 Notice — What It Is, When It's Invalid & Your Rights
A Section 21 notice is a 'no-fault' eviction notice that allows a landlord to ask you to leave without having to give a reason. It has been controversial for years — and the Renters' Rights Act is set to abolish it. This guide explains what a Section 21 notice means, when one can be challenged or declared invalid, and what happens if you receive one.
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What is a Section 21 notice?
Section 21 of the Housing Act 1988 gives landlords the right to repossess a property at the end of (or during) an assured shorthold tenancy without giving a specific reason — hence "no-fault" eviction.
- ✓A Section 21 notice is NOT an eviction — it is a notice that the landlord wants you to leave
- ✓The landlord must then apply to court for a possession order before you can be legally evicted
- ✓You do not have to leave just because you receive a Section 21 notice
- ✓Section 21 applies only in England (and Wales, with some differences) — Scotland and Northern Ireland have different rules
- ✓It can only be used for assured shorthold tenancies (most private rented properties)
When will Section 21 be abolished?
Section 21 is being abolished in England under the Renters' Rights Act 2025, which received Royal Assent in 2025. The implementation timetable is as follows:
- ✓New tenancies starting after the commencement date: Section 21 immediately abolished
- ✓Existing tenancies: Section 21 abolished after a transitional period
- ✓The exact commencement date is set by the Secretary of State — expected 2025/2026
- ✓Scotland already abolished no-fault evictions in 2017 (open-ended private residential tenancies)
- ✓Wales introduced stronger protections in 2022 under the Renting Homes (Wales) Act
What makes a Section 21 notice invalid?
A Section 21 notice can be challenged and declared invalid on several grounds. If any of the following apply, the notice may not be enforceable:
- ✓Your deposit was not protected in a government-approved scheme within 30 days of payment
- ✓You were not given the prescribed information about the deposit scheme
- ✓Your landlord has not provided a valid Energy Performance Certificate (EPC)
- ✓Your landlord has not provided a valid Gas Safety Certificate
- ✓Your landlord has not provided the government's 'How to Rent' guide
- ✓The notice was served during the first 4 months of the original tenancy
- ✓The notice period is too short (minimum 2 months — but check current rules)
- ✓The notice is on the wrong form (Form 6A must be used in England)
- ✓The property has a licence and it has lapsed
- ✓You have complained about disrepair and the notice was served in retaliation within 6 months
What to do if you receive a Section 21 notice
What replaces Section 21 after abolition?
After Section 21 is abolished, landlords will only be able to evict tenants using Section 8 grounds — which require a specific reason (fault or other ground).
- ✓Mandatory grounds (court must grant possession): rent arrears of 2+ months, anti-social behaviour, criminal convictions, landlord wants to sell, landlord wants to move in
- ✓Discretionary grounds: persistent late payment, damage to property, breach of tenancy
- ✓The Renters' Rights Act strengthens protections — landlords cannot serve eviction notices in the first 12 months of a tenancy (with some exceptions)
- ✓Tenants will be able to dispute notice periods at tribunal
- ✓A new national landlord register will make it easier to identify rogue landlords
Section 21 and retaliatory eviction
Since 2015, landlords have been prohibited from serving a Section 21 notice in retaliation for a tenant complaining about disrepair.
- ✓If you make a formal written complaint about disrepair and the council serves an improvement notice, the landlord cannot serve Section 21 for 6 months
- ✓This protection also applies if the council inspects without an improvement notice
- ✓Retaliatory eviction protection applies even before the abolition of Section 21
- ✓Keep all written evidence of your complaints — dates, content, and any council correspondence
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Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.
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Frequently asked questions
What is a Section 21 notice?
A Section 21 notice is a 'no-fault' eviction notice under the Housing Act 1988. It allows a landlord to ask a tenant to leave without giving a specific reason. It can only be used for assured shorthold tenancies in England (and Wales). A Section 21 notice is not an eviction order — the landlord must still apply to court for a possession order before you can be forced to leave.
When will Section 21 be abolished?
Section 21 is being abolished in England under the Renters' Rights Act 2025. The Act received Royal Assent in 2025, and abolition takes effect from the commencement date set by the Secretary of State. Scotland abolished no-fault evictions in 2017. Wales introduced similar protections under the Renting Homes (Wales) Act 2022.
What makes a Section 21 notice invalid?
Common reasons a Section 21 notice is invalid include: the deposit was not protected in a government-approved scheme; the tenant was not given an Energy Performance Certificate, Gas Safety Certificate, or the 'How to Rent' guide; the notice is on the wrong form; the notice was served in the first 4 months of the tenancy; or it was served in retaliation for a disrepair complaint. If any of these apply, the notice may not be enforceable.
Do I have to leave when a Section 21 notice expires?
No. A Section 21 notice expiring does not mean you must leave. The landlord must apply to court for a possession order. This process typically takes several months. Only after a court order is granted and bailiffs are instructed can you be forced to leave. You should use this time to seek housing advice and contact your local council.
Can my landlord evict me without a reason?
Currently yes — under Section 21 in England. However, Section 21 is being abolished. Once abolished, landlords will only be able to evict using Section 8 grounds, which require a specific reason such as rent arrears, anti-social behaviour, or wanting to sell the property. Scotland and Wales already have stronger protections against no-fault evictions.