How Does A Section 21 No Fault Eviction Notice Work?

A Section 21 notice is a formal written request from a landlord to end an assured shorthold tenancy without citing any breach. It operates under the Housing Act 1988, clause 21, and obliges the tenant to vacate after at least two months' notice. The notice must use the prescribed Form RSJ and bear the landlord's or agent's signature.

Typical scenarios illustrate its use. A landlord who has completed all safety checks, protected the deposit, and waited the requisite six‑month tenancy period can serve a Section 21, starting the two‑month countdown. By contrast, serving a notice without a valid Energy Performance Certificate renders it void, as explained in the official government guidance on Section 21 notices.

A landlord can only hand you a Section 21 notice after the tenancy has satisfied a series of statutory thresholds.

• Six‑month minimum tenancy for assured‑shorthold agreements created on or after 1 October 2015.
• Use of the prescribed Form 6A and a minimum of two months' written notice.
• All required documents in place - deposit protected with information supplied, a current EPC, a valid gas‑safety certificate, and the latest 'How to Rent' guide.
• No active possession proceedings or court order against the tenant at the time of service.
• Tenancy must be an assured‑shorthold; other tenancy types are excluded.

The notice is enforceable only when every legal prerequisite is met.

1. Verify the tenant holds an Assured Shorthold Tenancy that started on or after 1 October 2015 (or a qualifying pre‑2015 AS‑H lease).
2. Confirm the tenancy is not within a fixed‑term that requires the landlord to wait until its end, unless a proper break clause has been exercised.
3. Ensure no active Section 8 notice for mandatory grounds (e.g., rent arrears) remains outstanding; any such notice blocks a Section 21 regardless of timing.
4. Check that the deposit is protected in a government‑approved tenancy deposit scheme and that the tenant received the prescribed information; missing protection invalidates the notice.
5. Use the correct official Section 21 form (Form 6A), listing landlord's address, tenant's address, service date, and a clear 'Section 21 notice' heading.
6. Serve the notice by hand‑delivery, first‑class post, or, where the tenancy agreement permits, electronic means; retain proof of delivery.
7. Confirm that no subsequent 'rent increase' notice or new tenancy agreement has reset the notice clock; the two‑month possession period starts only after the latest qualifying event.
8. Attach any previously undistributed mandatory documents - EPC, Gas Safety Certificate, and the 'How to Rent' guide - since their absence can render the notice defective.

Issue the Section 21 notice by completing the proper Form 6A, attaching any required certificates, and delivering it to the tenant in a verifiable way. Doing so starts the mandatory two‑month notice period, after which possession proceedings may commence.

• Confirm all pre‑conditions are satisfied (registered deposit, up‑to‑date EPC, valid gas safety and electrical safety certificates, and the latest 'How to rent' guide) as outlined in the requirements section.
• Fill out Form 6A with the tenant's full name, address, the date the notice is given, and the exact two‑month end date; use the version applicable to assured‑shorthold tenancies signed after 6 Oct 2015.
• Sign and date the form; the signature must belong to the party who signed the tenancy agreement or an authorised agent.
• Attach any mandatory documents (EPC, gas safety record, electrical safety report, tenancy deposit scheme information) - nothing else is needed.
• Serve the notice either by hand‑delivery to the tenant or by first‑class post (or recorded delivery) addressed to the tenancy‑agreement address; retain a receipt or signed acknowledgment as proof.
• Log the service date; the eviction timeline begins the day after that date, giving the tenant a full two months to vacate.
• Keep copies of the notice, attachments, and proof of service in a secure folder for potential court scrutiny, as discussed in the section on invalid notices.

The Section 21 notice starts the two‑month countdown the moment it lands in the tenant's mailbox; from that day the tenant may vacate at any point, while the landlord must wait the full 60 days before filing a possession claim. After day 60, the court issues a possession order, typically scheduled within two weeks, and enforcement follows shortly thereafter.

Mark each milestone on a calendar: receipt of the notice, the exact 60‑day expiry, the date the landlord submits the claim, and the hearing day. Keep copies of all correspondence and note any landlord‑initiated steps, as this record will prove crucial when later sections discuss spotting invalid Section 21 notices and defending against them in court.

An invalid Section 21 notice appears whenever the landlord skips a statutory step.

Key red flags include:

• The notice isn't on the approved Form 6A (see the official standard Section 21 template).
• The two‑month notice period is shorter than required, often because the landlord dated the notice after the tenant received it.
• The landlord failed to protect the tenancy deposit in a government‑approved scheme or omitted the required deposit protection certificate.
• The landlord neglected to provide a current Gas Safety Certificate, Energy Performance Certificate, or the 'How to Rent' guide at the start of the tenancy.
• The notice was served during a protected period, such as the first four weeks of a fixed‑term tenancy or after a recent tenancy‑break clause activation.

Spotting any of these flaws lets you challenge the notice before it triggers the eviction timeline discussed in the next section.

To defend against a Section 21 notice in court, argue that the notice fails to meet statutory requirements. First, verify that the landlord served the notice after the four‑month minimum and that any fixed term includes a valid break clause. If the landlord neglected to protect the deposit in a government‑approved scheme or omitted the required EPC, gas safety and 'How to Rent' statements, the notice is automatically invalid (as we covered in the 'spot invalid Section 21 notices' section).

Second, raise substantive flaws that render the notice unfair. Evidence of unpaid rent, retaliation for complaints, or a serving period that falls within a protected tenancy (e.g., the first six months of an assured shorthold tenancy) can persuade a judge to refuse possession. Courts also consider whether the landlord complied with the 'section 21 timing restrictions' that ban notices during a fixed‑term without a break clause.

Finally, assemble a concise packet of proof and submit it at the first hearing. Include the tenancy agreement, deposit protection certificate, safety certificates and any correspondence disputing the notice. Request a postponement if additional documents are pending, and consider applying for legal aid or a pro‑bono solicitor. Detailed guidance on preparing a defence is available from the UK government's Section 21 resource.

Ignoring a Section 21 notice triggers swift legal and financial fallout.

The main dangers pile up quickly:

• a landlord can file a possession claim and obtain a court order within weeks,
• bailiffs may change locks and discard belongings,
• unpaid rent and court fees become immediately recoverable,
• the tenant's credit score can nosedive,
• the security deposit may be forfeited,
• future rental applications suffer from a poor reference (see Spot invalid Section 21 notices for how this compounds).

Once the court grants possession, the tenant loses any chance to negotiate repairs, challenge the notice's validity, or arrange a smooth move‑out, and must vacate on the bailiff's schedule or face additional penalties. This sets the stage for the hidden traps discussed next.

Three obscure pitfalls can nullify an otherwise proper Section 21 notice.

• Wrong form - serving a generic letter or Form N5 instead of the statutory Form 6A renders the notice void (see the official Form 6A template).
• Insufficient notice period - delivering the notice with less than the required two‑month lead time, especially during the first six months of a fixed‑term, breaches the law and invalidates the notice.
• Overlooking protected periods - issuing the notice while a break clause or contractual restriction still applies, or before the tenancy has become periodic, invites a successful challenge.

The law blocks a Section 21 notice during two specific windows: the first four months of a new assured shorthold tenancy and the four‑month 'protected period' that follows a tenancy's conversion to a statutory periodic tenancy after a fixed‑term ends. In both cases, landlords must wait until the window expires before serving the notice, otherwise the notice is automatically invalid (see the official protected periods for assured shorthold tenancies).

Once those windows close, a Section 21 notice can be served, provided all documentary requirements listed earlier are satisfied. A four‑week 'protective period' that appears after a court‑issued possession order does not prevent service; it merely pauses the landlord's ability to enforce eviction, giving the tenant time to secure alternative accommodation. Consequently, landlords may issue the notice before that pause, but actual possession cannot be pursued until the pause ends, a nuance explored in the upcoming 'defend against Section 21 in court' section.