Section 21 Notice Rules UK (2026): The Complete Landlord Guide

Section 21 of the Housing Act 1988 allows landlords to regain possession of a property at the end of a fixed-term tenancy, or during a periodic tenancy, without giving a reason. This guide explains when you can use it, how to serve it correctly, and what can make it invalid.

When Can You Use a Section 21 Notice?

A Section 21 notice can only be served on an Assured Shorthold Tenancy (AST) in England and Wales. You can serve it:

At the end of a fixed-term tenancy (from the last day of the fixed term)
During a periodic tenancy at any time, with at least 2 months' notice
During a fixed term if the agreement contains a break clause allowing it

The notice must give the tenant a minimum of 2 months to vacate. For periodic tenancies, the notice date must also align with the last day of a rental period.

Conditions That Must Be Met Before Serving

A Section 21 notice will be invalid if any of the following conditions are not met:

Deposit is protected in a government-approved scheme

Prescribed Information for the deposit has been served

Tenant has received the How to Rent guide

Tenant has received a current Gas Safety Certificate

Tenant has received a valid EPC (rated E or above)

The tenancy has been running for at least 4 months

Notice served during the first 4 months of the tenancy

Notice served within 6 months of a formal complaint to the council (retaliatory eviction)

Deposit not protected or Prescribed Information not served

How to Serve the Notice

Section 21 notices must be served using the prescribed Form 6A (available free from gov.uk). You should:

1.Complete Form 6A accurately with the property address, tenant names, and notice date
2.State the date by which the tenant must vacate (at least 2 months from service)
3.Serve the notice personally, by post, or as agreed in the tenancy agreement
4.Keep proof of service (e.g. recorded delivery receipt, signed acknowledgement)

Use Form 6A only. Using any other form — or a custom letter — will make the notice invalid in England. Scotland and Wales have different procedures.

If the Tenant Does Not Leave

A Section 21 notice does not automatically remove the tenant. If the tenant does not leave by the date specified, you must apply to court for a possession order. Options include:

Accelerated Possession Procedure

A faster paper-based process available when using Section 21. No court hearing is usually required. Typically takes 6–8 weeks.

Standard Possession Order

Requires a court hearing. Used when the tenant contests the claim or there are other issues to resolve.

Self-help eviction — changing the locks, removing belongings, or cutting off utilities — is illegal and constitutes unlawful eviction, which carries criminal penalties.

Include Correct Notice Terms in Your Agreement

A properly drafted tenancy agreement makes it far easier to serve a valid Section 21 when needed. Our generator includes all required pre-Section 21 conditions.