Section 21 notice: rules, validity and abolition
Section 21 has been the main route for "no fault" possession in England. It is now being phased out. This guide explains what still applies, what invalidates a notice, and what replaces it under the Renters' Rights Act.
What a Section 21 notice is
A Section 21 notice lets a landlord of an assured shorthold tenancy in England ask for possession without proving the tenant has breached the tenancy. It is not an eviction order itself — it is the first step before applying to court.
The notice must normally be served on the official Form 6A, give the correct notice period, and be backed by several pre-conditions. A defective notice is usually thrown out, which can cost months and legal fees.
What makes a Section 21 notice valid
- The tenancy is an assured shorthold tenancy and has not already transitioned to the new periodic system.
- The deposit was protected in an approved scheme and prescribed information served within 30 days.
- A valid gas safety record was given to the tenant at the right time and is in date.
- A valid EPC has been provided.
- The current edition of the How to Rent guide was served at the start.
- The notice period and form version are correct for the date of service.
- The tenant and property addresses on the notice are accurate.
Common invalidating defects
Deposit not protected or prescribed information late
If the deposit was not protected within 30 days, or the prescribed information was not served, any Section 21 notice is invalid until the deposit is returned or a court penalty is agreed.
Gas safety record missing or late
A valid gas safety record must have been provided before the notice. A retrospective record served after the notice will not cure the defect.
Wrong form or notice period
Use the current Form 6A and the notice period required at the date of service. Older versions or short notice periods usually invalidate the notice.
Retaliatory eviction or harassment
If the tenant reported disrepair and the local authority served an improvement notice, a Section 21 notice may be barred.
Abolition and what replaces it
The Renters' Rights Act 2025 ends Section 21 and replaces assured shorthold tenancies with periodic tenancies. Landlords will need a statutory ground to seek possession, such as:
- Sale of the property by the landlord.
- Moving family members into the property.
- Repeated serious rent arrears.
- Anti-social behaviour or breach of tenancy.
Each ground has its own evidence and notice requirements. The transition timetable means some existing tenancies will continue under the old rules for a period, so check the effective dates carefully.
Frequently asked questions
What is a Section 21 notice?
A Section 21 notice is a 'no fault' eviction notice used by landlords in England to regain possession of an assured shorthold tenancy without having to prove the tenant did something wrong. It is being phased out by the Renters' Rights Act.
Is Section 21 being abolished?
Yes. The Renters' Rights Act 2025 abolishes Section 21 and moves most tenancies to a periodic system. Existing tenancies will transition on a set timetable. Until the transition is complete for your tenancy, the old rules may still apply, so check the current effective date.
What makes a Section 21 notice invalid?
Common defects include: serving before protecting the deposit and serving prescribed information, missing or out-of-date gas safety records, no valid EPC, failure to serve the current How to Rent guide, wrong notice period, using the wrong form, and errors in the tenant or property address.
How much notice must a Section 21 give?
The notice period has changed several times. In recent years it has typically been at least two months, but legislation and transitional rules can alter this. Always use the current Form 6A or check the latest GOV.UK guidance before serving.
What replaces Section 21?
The Renters' Rights Act introduces periodic tenancies and new statutory possession grounds — for example, landlord sale, family move-in, repeated serious arrears, and anti-social behaviour. Landlords will need a valid ground rather than simply giving two months' notice.
Can I still serve a Section 21 notice in 2026?
That depends on whether the tenancy has transitioned to the new system. The Act provides a timetable, and some existing fixed-term tenancies continue under the old rules until they expire or transition. Check the latest government guidance or take legal advice for your specific tenancy.
Sources and citations
Every figure, deadline and penalty on this page is drawn from primary UK legislation and official government guidance. Last reviewed against these sources in August 2026.
- [1]Housing Act 1988 — legislation.gov.ukThe original Section 21 possession ground and the notice requirements that still apply during the transition period.
- [2]Renters' Rights Act 2025 — legislation.gov.ukAbolishes Section 21 and replaces it with periodic tenancies and new possession grounds.
- [3]Evicting tenants (England and Wales) — GOV.UKOfficial guidance on Section 21 and Section 8 notices, court proceedings and bailiffs.
- [4]Assured tenancy forms — GOV.UKForm 6A and other prescribed notices for England.
About the publisher
This page is published by NestIQ Wealth, a UK property management and compliance platform used by self-managing landlords to track statutory deadlines, store certificates with full version history, and evidence compliance per property. Our guidance is written by the team that builds those compliance rules into the product, so the dates, cycles and penalties here are the same ones the software enforces.
- •Researched from primary sources. Every rule is checked against legislation.gov.uk, GOV.UK guidance and the responsible regulator — never rewritten from other blogs. See how we source our data.
- •Reviewed as the law changes. Pages carry a visible review date — last reviewed August 2026 and are revisited when legislation, deadlines or penalty levels move.
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- •Guidance, not regulated advice. Nothing here is legal, tax or financial advice. For decisions specific to your circumstances, speak to a solicitor, accountant or qualified adviser.
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Start freeThis guide is general information for UK landlords, correct to the best of our knowledge at the time of writing. It is guidance only — not financial, tax or legal advice. Requirements differ across England, Wales, Scotland and Northern Ireland. Check the current legislation, or take professional advice, before acting.