TL;DR
A Section 21 is a "no-fault" possession notice that ends an Assured Shorthold Tenancy in England. It's often described as the easy route, but most Section 21 notices that fail in court fail for the same three reasons: the deposit wasn't properly protected, the prescribed information wasn't served, or a required certificate (gas safety or EPC) was missing or out of date at the right moment. Get those three right and the notice itself is straightforward.
What a Section 21 is, and what it isn't
Section 21 of the Housing Act 1988 lets a landlord recover possession of a property let on an Assured Shorthold Tenancy (AST) without giving a reason. That's the whole legal trick: you don't need to prove the tenant did anything wrong, you just need to follow the procedure exactly and the court has to grant possession.
It applies in England only. Wales has its own equivalent (Section 173 of the Renting Homes (Wales) Act 2016), Scotland abolished no-fault eviction in 2017 (Notice to Leave under the PRT system, with prescribed grounds), and Northern Ireland uses a Notice to Quit with statutory notice periods.
A Section 21 is not an eviction. It's a notice that tells the tenant the tenancy is ending. If they leave on or before the notice expiry, that's the end. If they don't, you then apply to the County Court for a possession order — and only after a possession order is granted (and a bailiff appointment scheduled) does the eviction actually happen. Many landlords confuse the notice with the eviction itself and lose months treating the notice as the finish line.
The Renters' Rights Bill
At time of writing, the UK Government's Renters' Rights Bill is moving through Parliament. When enacted, it will abolish Section 21 for new tenancies in England, replacing it with a single Section 8 regime. Existing tenancies will follow a transition timetable. Treat this guide as current law; check for updates before you act.
The three preconditions that get notices thrown out
Most Section 21 failures at court come back to one of these three. Get all three right before you even draft the notice.
1. Deposit protected in a government-approved scheme within 30 days
If you took a deposit, it must be protected in one of the three government-approved schemes (DPS, TDS, mydeposits) within 30 days of receipt. Late protection — even by one day — invalidates the Section 21 unless you return the deposit in full before serving the notice.
If you took a deposit on a tenancy that started before the protection rules came in (April 2007) you're not affected by them. But every new and renewed tenancy is.
2. Prescribed information served within 30 days
When you protect the deposit, the scheme issues "prescribed information" — a multi-page document explaining the scheme, the dispute process, and the tenant's rights. You must serve this on the tenant (and on any third party who paid the deposit) within 30 days of receiving the deposit.
This is the one landlords most often miss. They protect the deposit on time, but never actually email the prescribed information to the tenant. A court hearing the possession claim will check for evidence of service — date stamps, email copies, a signed acknowledgement.
| Deposit received | Day 0 |
| Deposit protected in scheme | By day 30 |
| Prescribed information served on tenant | By day 30 |
| Earliest you can issue Section 21 | After month 4 of tenancy |
| Notice period given to tenant | Minimum 2 months |
3. Required certificates issued at the right point
Before serving a Section 21, you must have given the tenant:
- A valid Gas Safety certificate for any gas appliance, before they moved in (and renewed annually)
- A valid EPC (Energy Performance Certificate) rated E or above, before they moved in
- The current government-published "How to rent" guide, before they moved in (or at the latest renewal)
The certificate-timing rule is strict. Trecarrell House Ltd v Rouncefield (2020) eventually softened the position on gas safety certificates served late, but the safe path remains: serve everything before the tenant moves in, document the service, keep copies.
If you've let the EPC expire mid-tenancy, get a new one before issuing the Section 21. Same with Gas Safety — if the annual check is overdue, renew it before serving the notice.
Check if your property is Section 21-ready in 60 seconds
Free for 1 property. Tells you which of the three preconditions are still blocking you.
The notice period
Since October 2021, the minimum notice period under Section 21 is two months. The notice must be on the prescribed form (currently Form 6A, available from gov.uk) and must give the tenant a clear two months from the date of service.
A few timing gotchas:
- The two months runs from the day after service. If you serve on 1 June, the earliest valid expiry date is 2 August.
- If your tenancy is periodic (rolling month-to-month after the fixed term ended), the expiry must align with the end of a tenancy period. Most landlords just use the same day of the month as the rent due date.
- You cannot serve a Section 21 in the first four months of the original fixed-term tenancy. So a six-month AST gives you a one-month window to serve and have it expire on or near the end of the term.
After the notice expires
If the tenant moves out: that's the end. Recover any deposit deductions through the scheme's resolution process. Inspect the property and return the balance.
If the tenant stays: you cannot just change the locks. You apply to the County Court for a possession order using either the Accelerated Possession Procedure (paperwork-only, faster, requires a written tenancy agreement) or the Standard Procedure (involves a hearing).
The Accelerated Procedure typically takes 6–10 weeks from application to order. Once the order is granted, the tenant has 14 days to leave. If they still don't, you apply for a warrant of possession which schedules a County Court Bailiff to attend. Realistically you're looking at 4–8 months from serving the Section 21 to actually regaining possession, longer if the tenant defends the claim.
Common questions
Do I need a solicitor to issue a Section 21?
No, but for the first one it's worth paying a housing solicitor £50–£150 to review the notice and the preconditions before serving. A failed Section 21 means two months wasted and another full notice period to repeat — far more expensive than the legal review.
What if the tenant claims they never received the prescribed information?
The burden of proof is on you. Email is easier to evidence than post: a sent-from address, a sent date, and the attachment is a paper trail you can produce in court. If you served by post, use a tracked or recorded service and keep the receipt.
Can I serve a Section 21 by email?
Yes, provided your tenancy agreement permits service by email or the tenant has consented in writing. If neither is true, serve in person or by first-class post and keep proof.
Does Section 21 still work if I'm not the only landlord on the tenancy?
All landlords named on the tenancy must be named on the Section 21. Missing a co-landlord invalidates the notice.
What if the tenant is in arrears as well?
You can serve both a Section 8 (with arrears grounds 8, 10, 11) and a Section 21 in parallel. Section 8 is faster if the arrears are unambiguous; Section 21 is the safety net if the arrears defence falls through. Many landlords serve both to keep their options open.
If you only remember three things
Protect the deposit on time. Serve the prescribed information on time. Make sure gas safety, EPC and the How-to-rent guide were served before the tenant moved in. Those three account for the majority of failed Section 21 claims.
Related reading
- The Section 8 notice is the alternative when you have specific grounds (rent arrears, anti-social behaviour, sale of the property). It's faster if the grounds are clear-cut but the tenant can defend it.
- The Scottish Notice to Leave is the closest equivalent north of the border, using the Private Residential Tenancy regime introduced in 2017.
- Wales uses a Section 173 notice under the Renting Homes (Wales) Act 2016, with a six-month minimum notice on no-fault claims.
This guide is general information for UK landlords and not legal advice. For complex or contested situations, consult a qualified housing solicitor.