Section 21 Notices: What UK Landlords Need to Know in 2026
A Section 21 notice is the mechanism by which landlords in England can recover possession of a property from an Assured Shorthold Tenant without needing to prove any fault on the tenant's part — commonly called a "no-fault eviction". Used correctly, it is a landlord's most straightforward route to possession. Used incorrectly, it can be invalid and unenforceable, adding months to the process.
⚠ Renters' Rights Bill: The government has proposed abolishing Section 21 through the Renters' Rights Bill. As of April 2026, the Bill is progressing through Parliament — check the current status before relying on this guidance. If Section 21 is abolished, you will need to rely on Section 8 grounds for possession in most cases.
Prerequisites — Everything Must Be in Place
A Section 21 notice is only valid if all of the following were in place at the start of the tenancy (or at the time of service, in some cases):
- EPC provided: The tenant must have been given a copy of a valid EPC at or before the start of the tenancy
- Gas safety certificate provided: A copy of the current Gas Safety Certificate must have been given to the tenant
- How to Rent guide provided: The version current at the time the tenancy was granted (not a later version)
- Deposit protected: The deposit must be protected in an approved scheme and the prescribed information served within 30 days of receipt
- No improvement notice: The local authority must not have issued an improvement notice or emergency remedial action notice in the previous 6 months
- HMO licence in place: If the property requires licensing, it must be licensed
- Not within first 4 months of tenancy: You cannot serve Section 21 within the first 4 months of the original tenancy
The Notice Period
You must give the tenant at least 2 months' notice with a Section 21. If the tenancy is periodic (rolling monthly), the notice should align with a rent period — for a monthly tenancy, the notice end date should be the last day of a rental period.
A Section 21 notice expires 6 months after it is served (4 months from the date specified in the notice, if the notice period is 2 months). If you do not start court proceedings within this window, the notice becomes invalid and you must serve a new one.
Using Form 6A
Always use the prescribed Form 6A for a Section 21 notice. The form is available from GOV.UK. Fill in:
- The property address
- The date of the notice
- The date by which the tenant must leave (at least 2 months from service)
- Your name and contact details
Sign the form and keep a copy. Serve it by one of the accepted methods (see below).
How to Serve the Notice
Acceptable methods of service for a Section 21 notice:
- Personal delivery: Hand it directly to the tenant and get a signature acknowledging receipt
- First class post: Deemed served 2 business days after posting — keep the proof of posting (not just a receipt)
- Recorded delivery: Deemed served when signed for — keep the tracking confirmation
- Leaving at the property: Deemed served immediately — only safe if you can document the property is the tenant's last known address
- Email: Only valid if the tenancy agreement explicitly permits service by email
Best practice: Send by first class post AND by email (if permitted), and photograph yourself at the post box or obtain a certificate of posting. Keep all evidence.
What Happens After the Notice Expires
If the tenant does not leave by the date specified in the notice, you must apply to the court for a possession order. You cannot physically remove the tenant without a court order — doing so is illegal and constitutes unlawful eviction, even after the Section 21 notice period has expired.
The court process takes a minimum of 8–12 weeks in most cases, longer if the tenant defends the claim or raises counterclaims.
Common Reasons Section 21 Notices Are Invalidated
- Deposit not protected or prescribed information not served on time
- EPC, gas certificate or How to Rent guide not provided at the correct time
- Notice served within the first 4 months of the original tenancy
- Improvement notice in force from the local authority
- Notice period calculation error (not a full 2 months)
- Form 6A not used or completed incorrectly
- Court proceedings not started within the 6-month validity window
- Property requires licensing but is not licensed
Section 8 — The Alternative Route
If you have grounds — such as rent arrears — you can serve a Section 8 notice instead of, or in addition to, a Section 21. Section 8 allows you to seek possession where the tenant has breached the tenancy agreement. Ground 8 (2+ months' arrears at both the date of notice and the court hearing) is a mandatory ground — the court must grant possession if it is proven.
Section 8 notices can be served at any time — there is no 4-month restriction. But the court process is contested and slower than Section 21 in practice.
✓ OwnProperly: The Notice Tracker logs served notices with date, type (S21/S8), grounds used and any court hearing dates — giving you a clear record if proceedings progress to court.
Track notices and prerequisites in one place
OwnProperly's compliance and notice tracking ensures all Section 21 prerequisites are logged and all notices are recorded with full date history.
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