Understanding Section 21 Notices FAQs

Whether you are a landlord or a tenant, it is likely that you will come across Section 21 notices at some point. But what are Section 21 notices, and what do they mean for tenants and landlords? This article is here to answer some of the most frequently asked questions.

Please note that under the Renters’ Rights Act, as of 1st May 2026, Section 21 Notices are no longer available for privately rented properties. Please click the buttons below for more information for both tenants and landlords:

What is a Section 21 notice? 

A Section 21 notice was a legal notice issued by a landlord at the end of a fixed-term tenancy (or at any time if the tenancy has no fixed end date and at least four months have passed) informing their tenant that possession of the property is required. A minimum of two months’ notice must be given. Please note, Section 21 notices are no longer available under the Renters’ Rights Act.

How is a Section 21 notice served? 

Before the Renters’ Rights Act came into force, a Section 21 notice was served by the landlord of the property or their agent. In order for it to be valid, a Section 21 notice must have been served properly and in accordance with the terms of the tenancy agreement. The landlord should have used the Tenancy Form 6A provided by the government.

What makes a Section 21 notice invalid? 

While they are no longer valid, before the Renters’ Rights Act came into force, there were plenty of factors which could have made a Section 21 notice invalid. Landlords must have ensured that the notice is valid before evicting any tenants. Some things that could have made a Section 21 notice invalid include:

• Served less than four months into the tenancy 
• Less than two months’ notice is given  
• The deposit is not protected in an approved scheme, or was not protected within 30 days of the landlord receiving it 
• The deposit is equal to more than 5 weeks’ rent (if it was taken after 1^st June 2019) 
• Fees banned under the Tenancy Act 2019 have been charged  
• Valid certificates and documents (including the government’s ‘How to Rent’ guide, energy performance certificates, and gas safety certificates) have not been provided 
• The property is an unlicensed HMO (House of Multiple Occupancy)  
• The landlord has been issued with an improvement or emergency works notice in the previous six months 
• The landlord doesn’t use the correct form (Tenancy Form 6A)

If you are a tenant and believe you have been served an invalid Section 21 notice, our lawyers may be able to help. Get in touch today.

Do landlords need to give a reason for issuing a Section 21 notice? 

No, prior to the Renters’ Rights Act, landlords didn’t need to provide a reason for issuing tenants a Section 21 notice. They could do so for any number of reasons, such as they wanted to sell the property or move into it themselves.

How much do Section 21 notices cost? 

Section 21 notices had no charge for either landlords or tenants. However, if the tenants did not vacate the property by the date specified in the notice, the landlord will have to pay a fee to apply to the court for a possession order.

How long is a Section 21 notice valid for? 

While no longer valid, previously, Section 21 notices were typically valid for six months after the date they were issued. During this time, the landlord could apply to the court for a possession order if the tenants did not leave the property at the end of the notice period.

What happens if the tenants don’t leave after being issued a Section 21 notice? 

If the tenants did not leave by the end of the notice period, the landlord could apply for a possession order at the courts. If they still did not leave after the possession order has been issued, a county court bailiff could enforce the eviction with at least 14 days’ notice given.

Tenants had the right to submit a defence to the court, outlining reasons against the possession order and why they should be permitted to stay in the property. The court would then consider the claim and defence documents to decide whether an order should be issued.

If you are a landlord who is struggling to evict tenants, our expert lawyers may be able to help. Please get in touch today.  

Has Section 21 been abolished? 

Yes, as of the 1st May 2026, Section 21 notices are no longer valid for privately rented properties. This is due to the Renters’ Rights Act, which outlined a number of reforms to the rental system.