A Section 21 notice is a legal tool landlords in England and Wales can use to regain possession of their property without providing a reason—commonly known as a "no-fault eviction." However, serving a valid Section 21 notice requires strict adherence to legal requirements. Failure to comply can result in delays, invalid notices, or even court dismissal.
This guide explains how to correctly serve a Section 21 notice, the legal prerequisites, common pitfalls, and why consulting eviction specialists can be beneficial.
Understanding the Section 21 Notice
A Section 21 notice is issued under the Housing Act 1988 and allows landlords to evict tenants after their fixed-term tenancy ends or during a periodic tenancy without needing to prove fault. Unlike a Section 8 notice, which requires grounds such as rent arrears or property damage, a no-fault eviction does not require justification.
When Can a Section 21 Notice Be Used?
The tenancy is an Assured Shorthold Tenancy (AST).
The fixed term has ended (unless there’s a break clause).
The deposit is protected in a government-approved scheme.
The tenant has received the required documents (EPC, Gas Safety Certificate, How to Rent Guide).
Steps to Serve a Valid Section 21 Notice
1. Ensure All Legal Requirements Are Met
Before issuing a Section 21 notice, landlords must:
Protect the tenant’s deposit in a government-approved scheme and provide the prescribed information.
Provide the tenant with:
A valid Energy Performance Certificate (EPC).
A current Gas Safety Certificate (if applicable).
The government’s "How to Rent" guide.
Ensure the property is licensed (if required by local HMO rules).
Failure to comply with these steps will render the Section 21 notice invalid.
2. Use the Correct Form
Landlords must use Form 6A (for tenancies in England) or a Section 21 notice compliant with Welsh regulations. The form must include:
The full address of the rental property.
The date the notice is served.
The date possession is required (must be at least 2 months after serving the notice).
3. Serve the Notice Correctly
The notice can be served:
In person (with proof of delivery).
By post (recorded delivery is recommended).
Via email (if the tenancy agreement permits).
Landlords should keep evidence of service (e.g., a signed receipt or email confirmation).
4. Wait for the Notice Period to Expire
The tenant must be given at least 2 months’ notice. If the notice expires and the tenant does not leave, landlords must apply for a possession order through the courts.
Common Reasons a Section 21 Notice Fails
Many landlords face challenges when enforcing a no-fault eviction due to:
Unprotected deposits – If the deposit was not secured in a scheme, the notice is invalid.
Missing documents – Failure to provide the EPC, Gas Safety Certificate, or "How to Rent" guide.
Incorrect notice period – Less than 2 months’ notice.
Retaliatory eviction – If the tenant recently complained about property conditions, the notice may be challenged.
Consulting eviction specialists can help avoid these mistakes.
When to Seek Help from Eviction Specialists
Navigating a Section 21 eviction can be complex. Eviction specialists (such as solicitors or housing experts) assist with:
Drafting and serving the notice correctly.
Handling tenant disputes or delays.
Representing landlords in court if necessary.
Using professionals reduces the risk of errors that could invalidate the process.
Conclusion
A section 21 no fault eviction is a powerful tool for landlords seeking a no-fault eviction, but strict compliance with legal requirements is essential. Missing key steps—such as protecting the deposit or providing required documents—can invalidate the notice.
For landlords unfamiliar with the process, consulting eviction specialists ensures a smooth, legally compliant eviction. By following the correct procedures, landlords can regain possession of their property efficiently and avoid costly delays.