What Happens If You Receive a Section 21 Notice?
A Section 21 notice is the legal document a landlord must serve before starting no-fault eviction proceedings. Receiving one does not mean you must leave immediately — there are strict rules about validity.
Quick Answer
A Section 21 notice is only the first step in the eviction process. You do not have to leave your home when it expires. If you stay, the landlord must apply to court for a possession order, and then a bailiff warrant before you can be legally evicted. You have defences available if the notice is invalid.
Full Explanation
A Section 21 notice under the Housing Act 1988 is the mechanism by which a landlord begins a no-fault eviction — meaning they do not need to prove any wrongdoing by the tenant. However, the notice itself is not a court order and you cannot be removed from your home on the basis of the notice alone. The landlord must still obtain a possession order from the court.
For a Section 21 notice to be valid, a number of conditions must be satisfied. The notice must be given on the correct form (Form 6A), must give at least two months' notice, and must not be served within the first four months of the original tenancy. The landlord must have provided the tenant with an EPC, a gas safety certificate (where applicable), and the government's 'How to Rent' guide. If any of these conditions are not met, the notice is invalid and cannot found possession proceedings.
Critically, a landlord cannot serve a valid Section 21 notice if: the deposit is unprotected; the landlord has failed to licence the property where required; the property has been served with a prohibition or improvement notice by the local authority; or the notice is retaliatory (served in response to a legitimate complaint about conditions).
The Renters (Reform) Act 2025 significantly changes the law by abolishing Section 21 for new tenancies and introducing a new periodic tenancy regime. Landlords will only be able to end a tenancy using specific grounds in Schedule 1 of the reformed Act. However, as of April 2026, the commencement of these provisions for existing tenancies is subject to ongoing parliamentary implementation — check the current legal position with Shelter or a housing adviser.
If you receive a Section 21 notice, do not automatically assume you must leave. Check carefully for invalidity, apply to your local council's housing department as homeless if you cannot resolve the issue, and seek advice from Shelter or a housing adviser.
Legal Basis
- §Housing Act 1988, section 21
- §Deregulation Act 2015, sections 33–41 (validity requirements)
- §Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (SI 2015/1646)
- §Renters (Reform) Act 2025 (abolition of s.21 — commencement dates to be confirmed)
What To Do
Check the Notice for Validity
Confirm the notice is on Form 6A, gives at least two months' notice, and was not served within the first four months of the tenancy. Also check that you received an EPC, gas safety certificate, and the 'How to Rent' guide at the start of the tenancy.
Check Whether Your Deposit Is Protected
If your deposit is unprotected or the prescribed information was not provided, the Section 21 notice is invalid. You can use the three scheme look-up tools to verify protection status.
Seek Housing Advice Urgently
Contact Shelter's helpline or your local Citizens Advice. You may also be entitled to free legal aid if you are on low income. Many councils have housing advice teams who can help you challenge the notice or apply as homeless.
Apply to the Council If Necessary
If the notice appears valid and you have no grounds to challenge it, approach your local housing authority as early as possible. Under the Homelessness Reduction Act 2017, councils must provide assistance to people threatened with homelessness within 56 days.
Defend Court Proceedings If Issued
If the landlord applies to court using the accelerated possession procedure, you will be sent a Defence Form N11B. Complete this carefully, raising any invalidity of the notice. The court must consider your defence before making any order.
Important Deadlines
Important Warnings
Do not ignore court documents — if a possession order is made and you do not respond, a bailiff warrant can be granted and you can be forcibly removed.
Do not leave the property voluntarily until a valid possession order has been made — leaving early can affect your homeless application.
Retaliatory eviction protections apply if you made a written complaint about the condition of the property within six months before the notice was served — check whether this applies to you.