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Section 21 notice

A Section 21 notice is a formal legal notice used by landlords to regain possession of a property let under an Assured Shorthold Tenancy (AST). It is often referred to as a "no-fault" eviction because the landlord does not need to prove that the tenant has breached the agreement or done anything wrong to end the tenancy.

As of May 2026, the Renters's Rights Act abolishes Section 21 Notices. This "no-fault" eviction notice is gone. Landlords can no longer evict someone without a specific legal reason.

When can a Section 21 notice be served?

Currently, a landlord can use a Section 21 notice:

  • After a fixed term ends: Once the initial period (e.g., 6 or 12 months) has expired.
  • During a periodic tenancy: When a tenant is on a rolling month-to-month contract.

When is a Section 21 notice invalid?

A landlord cannot legally use a Section 21 notice if:

  • The tenancy has lasted less than four months.
  • They have charged "prohibited payments" (illegal fees) under the Tenant Fees Act 2019.
  • The tenant's deposit was not placed in a government-approved protection scheme.
  • The property is an unlicensed HMO (House in Multiple Occupation).
  • The council has issued a recent "improvement notice" (to prevent retaliatory eviction).
  • The landlord failed to provide the tenant with the current Gas Safety Certificate, EPC, or the government’s "How to Rent" guide.

What happens after the notice is served?

A Section 21 notice must give the tenant at least two months' notice to vacate.

It is important to remember that the notice itself does not end the tenancy. If a tenant does not move out by the expiry date, the landlord cannot simply change the locks. They must apply to the court for a possession order. Only a court-appointed bailiff can lawfully evict a tenant.

Important Legal Changes: The End of "No-Fault" Evictions

The UK rental market is currently undergoing a major transition. As of 1 May 2026, "no-fault" evictions under Section 21 are being abolished for the private rental sector.

  • Periodic Tenancies: All new tenancies are now automatically periodic (rolling) from day one. Fixed-term contracts are being phased out.
  • The "Sunset" Period: Landlords who served a valid Section 21 notice before the rules changed must initiate their court claim by 31 July 2026.
  • After July 2026: Section 21 will no longer exist. Landlords will instead have to use Section 8 notices, which require a specific legal reason (ground) to end a tenancy, such as rent arrears or the landlord's intention to sell the property.