How to Serve a Section 21 Notice (Before Abolition)

What Is a Section 21 Notice?

A Section 21 notice, often called a "no-fault eviction notice," is a legal mechanism under Section 21 of the Housing Act 1988 that allows a landlord to recover possession of an assured shorthold tenancy (AST) without having to prove any fault on the part of the tenant. The landlord does not need to give a reason for seeking possession, provided they follow the correct procedure and meet all legal preconditions.

Section 21 has been the most commonly used route for landlords seeking to end a tenancy in England for over three decades. However, the Renters' Rights Act 2025 abolishes Section 21 from 1 May 2026. Until that date, landlords can still serve Section 21 notices, but they must do so correctly. An invalid notice is worthless and will be struck out by the court, costing the landlord time, money, and delay.

The Transition Period

The Renters' Rights Act 2025 received Royal Assent and Section 21 is abolished from 1 May 2026. From that date, no new Section 21 notices can be served. Any Section 21 notice served before 1 May 2026 remains valid and can still be relied upon in court proceedings, provided it was correctly served and has not expired.

If you intend to use Section 21, you must serve a valid notice before 1 May 2026. After that date, the only route to possession will be through the expanded Section 8 grounds (see the section on what replaces Section 21 below).

Form 6A: The Prescribed Form

Since 1 October 2015, a Section 21 notice must be served using the prescribed Form 6A (or a form "substantially to the same effect"). Using an outdated form or a free-text letter that does not contain all the required information will invalidate the notice.

Form 6A must include:

• The landlord's name and address
• The tenant's name
• The address of the rental property
• The date after which possession is required (which must be at least 2 months from the date of service and must not expire before the end of any fixed term)

The form can be downloaded from the government's website. Always use the most recent version.

The 2-Month Notice Period

A Section 21 notice must give the tenant a minimum of 2 months' notice. The notice period runs from the date the notice is served (or deemed served), not the date it is written.

Calculating the Notice Period

If you serve the notice on 1 March, the earliest date you can specify for the tenant to give up possession is 1 May. However, there are additional timing rules:

• For a periodic tenancy (rolling month-to-month), the notice must expire on the last day of a period of the tenancy. If rent is paid on the 15th of each month, the notice must expire on the 14th of a month, at least 2 months after service.
• For a fixed-term tenancy, the notice cannot require the tenant to leave before the fixed term ends. You can serve the notice during the fixed term, but it cannot take effect until the fixed term expires.

Methods of Service

The notice can be served by:

• Hand delivery to the tenant personally
• Leaving it at the property (the tenant's last known address)
• First-class post (deemed served 2 working days after posting under Section 7 of the Interpretation Act 1978)
• Email, if the tenancy agreement allows for electronic service

Whichever method you use, you must be able to prove that the notice was served and when. This is the most common area where Section 21 notices fail in court. A landlord who says "I posted it" but cannot prove the date of posting will face an uphill battle.

Using a communication platform like Togal to serve the notice digitally provides a server-timestamped, immutable record of exactly when the notice was delivered and made available to the tenant. This kind of verifiable proof is the evidence courts and tribunals expect to see.

Preconditions: What Must Be Done Before Serving

A Section 21 notice is invalid if the landlord has not met certain legal preconditions. These preconditions have been added over the years through various pieces of legislation, and missing even one of them will render the notice void.

Deposit Protection

Under the Housing Act 2004, the tenant's deposit must be:

1. Protected in a government-approved scheme (TDS, DPS, or mydeposits) within 30 days of receipt
2. Prescribed information about the deposit and the scheme must have been provided to the tenant within the same 30-day period

If the deposit is not properly protected, or if the prescribed information was not served, the landlord cannot serve a valid Section 21 notice. For a detailed guide on deposit protection, see our tenant deposit protection guide.

How to Rent Guide

Since 1 October 2015, the landlord must have provided the tenant with the government's "How to Rent: The checklist for renting in England" booklet. This must be the version current at the date the tenancy was entered into (or the most recent version if a new tenancy or renewal has been granted). The booklet must be provided in hard copy or as a PDF attachment (not just a link to the government website, unless the tenant has confirmed in writing that they are happy to receive it that way).

Gas Safety Certificate

A valid gas safety certificate (CP12) must have been provided to the tenant. If the property has gas appliances, the landlord must have arranged the annual safety check and given the tenant a copy of the certificate.

Energy Performance Certificate

A valid EPC must have been provided to the tenant before the tenancy began. The property must meet the minimum energy efficiency standard (currently E or above).

EICR (Electrical Safety Certificate)

A valid EICR must have been obtained and a copy provided to the tenant. The broader point is that any failure to comply with the Electrical Safety Standards Regulations 2020 can undermine possession proceedings.

Preconditions Checklist

• Deposit protected in a government-approved scheme within 30 days
• Prescribed information about the deposit served on the tenant
• How to Rent guide (current version) provided to the tenant
• Gas safety certificate (CP12) provided to the tenant
• Valid EPC provided, property rated E or above
• Valid EICR provided, with any remedial work completed
• No outstanding improvement notice or emergency remedial action notice from the local authority in the last 6 months

When a Section 21 Notice Cannot Be Served

Even if all preconditions are met, there are circumstances in which a Section 21 notice is prohibited:

Retaliatory Eviction

Under Section 33 of the Deregulation Act 2015, a Section 21 notice is invalid if it is served in response to a tenant's complaint about the condition of the property, where:

1. The tenant made a legitimate complaint to the landlord about the condition of the property
2. The landlord failed to respond adequately within 14 days
3. The tenant then complained to the local authority
4. The local authority served an improvement notice or emergency remedial action notice on the landlord

In these circumstances, the landlord cannot serve a Section 21 notice for 6 months from the date the local authority notice was served.

Within the First 4 Months

A Section 21 notice cannot take effect within the first 4 months of the original tenancy. This means that while you can serve the notice during the first 4 months (provided it gives at least 2 months' notice and expires after the 4-month point), you cannot use it to remove a tenant before they have been in the property for at least 4 months.

After 6 Months

A Section 21 notice is only valid for 6 months from the date it expires. If you do not begin possession proceedings within this window, the notice lapses and you must serve a new one.

Common Mistakes That Invalidate Section 21

Courts regularly strike out Section 21 notices due to procedural errors. The most common mistakes include:

1. Using an outdated form that does not match the current prescribed format
2. Failing to protect the deposit or serve the prescribed information within 30 days
3. Not providing the How to Rent guide, or providing an outdated version
4. Missing a gas safety certificate or not being able to prove it was given to the tenant
5. Incorrect notice period (less than 2 months, or not expiring on the correct date for a periodic tenancy)
6. Serving during a retaliatory eviction protection period
7. Being unable to prove service (no proof of posting, no delivery receipt, no timestamped record)

Each of these mistakes means starting the entire process from scratch, which can add months to the timeline and significant cost.

What Replaces Section 21?

The Renters' Rights Act 2025 abolishes Section 21 and replaces it with a reformed Section 8 framework. Under the new system, landlords must always provide a ground (reason) for seeking possession. The reformed grounds include:

Key Grounds Under the New System

• Ground 1 (amended): The landlord or a family member intends to move into the property (12 months into tenancy, 4 months' notice)
• Ground 1A (new): The landlord intends to sell the property (12 months into tenancy, 4 months' notice)
• Grounds 8, 10, 11 (rent arrears): Amended with specific thresholds and notice periods
• Ground 14 (antisocial behaviour): Retained and strengthened
• Ground 14A (domestic abuse): New ground allowing eviction of a perpetrator

The key change is that every possession claim will require the landlord to prove the ground relied upon. There will be no equivalent of the no-fault Section 21 notice. For more on rent-related provisions under the new system, see our guide on Section 13 rent increases.

Action Steps for Landlords

If You Plan to Use Section 21 Before Abolition

1. Verify all preconditions are met. Go through the checklist above item by item.
2. Use the current Form 6A. Download it fresh from the government website.
3. Serve the notice with proof of delivery. Use a method that creates a verifiable record.
4. Calculate the notice period correctly. Double-check the expiry date against the tenancy type.
5. Begin possession proceedings within 6 months of the notice expiry date if the tenant does not leave.

Preparing for the Post-Section 21 World

1. Familiarise yourself with the reformed Section 8 grounds. Understand what evidence you will need for each ground.
2. Maintain impeccable records. In a system where every possession claim requires evidence, your documentation is everything. Togal's server-timestamped communication records are designed to provide exactly this kind of evidence trail.
3. Keep properties in good condition. Retaliatory eviction provisions and the broader protections for tenants under the Renters' Rights Act 2025 mean that landlords with well-maintained, compliant properties will have a far easier time managing their tenancies.

Summary

Section 21 remains available until its abolition on 1 May 2026, but serving a valid notice requires meticulous attention to preconditions, prescribed forms, notice periods, and proof of service. A single missed step will invalidate the notice and delay proceedings by months. With the Renters' Rights Act 2025 abolishing Section 21 from 1 May 2026, landlords should be preparing for a world where every possession claim requires evidence-backed grounds, making robust record-keeping and compliance documentation more important than ever.