Section 21 eviction notices

Your landlord has to give you at least two months’ notice to leave your home.

You don’t have to leave your home as soon as the notice period ends. It just means your landlord can start court action after this date. They need to do this within four months, or the notice will expire.

A landlord can only give you a section 21 eviction notice if you have an assured shorthold tenancy (AST). Most private renters have this type of tenancy.

You may also have an AST if you have a starter tenancy with a housing association. Check what type of tenancy you have.

Your landlord doesn’t need a reason for issuing a section 21 notice. They may simply want to move back into the property.

It’s possible you may get a section 8 notice, as well as a section 21 notice. If this happens, you’ll need to deal with both notices. There are different processes for each. Find out what to do if you’ve received a section 8 notice.

If your notice isn’t valid, you may be able to challenge it and stay in your home.

Your landlord must give you written notice using form 6A or a letter with the same information.

A section 21 notice might not be valid if your landlord has:

• made mistakes on the notice
• broken other rules

Here are the things you should look out for:

Are the dates right?

A section 21 notice isn’t valid if:

• it gives less than two months’ notice
• it’s issued in the first four months of your original tenancy
• your landlord starts court action more than four months after the notice period ends

Have you got your tenancy documents?

A section 21 notice is usually invalid if your landlord hasn’t given you:

• the How to rent guide
• a gas safety certificate
• an energy performance certificate (EPC)

Your landlord may have provided these at the start of your tenancy. But, as long as you get them before or at the same time as the section 21 notice, it will still be valid.

All of these documents must be current copies when your landlord gives them to you.

It’s okay for the EPC and How to rent guide to be out of date when you get the section 21, but you must have a current copy of the gas safety certificate. Double-check this as they are only valid for a year.

Was your deposit protected?

A section 21 notice isn’t valid if:

• your rent deposit wasn’t protected in a scheme
• your rent deposit was protected late

If you paid your deposit from 6 April 2021 onwards, late protection means more than 30 days after your most recent contract started. Check if your rent deposit is protected.

If your landlord has broken these rules, they must return your deposit before giving you a section 21 notice.

Your landlord must also provide certain details about your deposit before giving you a section 21 notice, including:

• the deposit protection scheme they used
• their contact details
• how to get your deposit back
• a signed statement that the information is accurate

Does your landlord need a licence?

A section 21 notice is invalid if your landlord doesn’t have a required licence or temporary exemption.

Landlords of houses in multiple occupation – or HMOs – need a licence. And in some areas, all private landlords must have a licence. Ask your council if your landlord should have a licence.

Have you been overcharged?

In most cases, landlords and agents can only:

• take up to five weeks’ rent as a deposit
• charge fees in set situations

If you’ve been overcharged, your landlord must repay the extra you’ve paid before they can give you a section 21 notice.

Is it a revenge eviction?

Some landlords will try to get rid of tenants who ask for repairs. This is known as a revenge eviction.

If you complained to your council about the condition of your home and they gave your landlord an improvement or emergency works notice, you can’t be issued with a section 21 notice for six months.

If you think your section 21 notice may be invalid, get free advice to find out whether it’s worthwhile challenging it.

If your section 21 is valid, you don’t have to leave your home when the notice period ends, even if you have rent arrears.

Your tenancy will carry on until you leave voluntarily or you’re evicted by court bailiffs.

It usually takes at least six months to evict someone after they get a section 21 notice. This should give you time to find somewhere else.

If you’ve received a section 21 notice:

Ask your council for help

The council may convince your landlord to let you stay in your home or help you find somewhere else to live.

Keep paying your rent

If you stay past the end of the notice period, your rights and responsibilities continue as before. 
This means you should keep paying your rent and only agree to move out if you have found somewhere else to live. 

Prepare to move out

Don’t wait to start looking for somewhere else to live. Start making plans to move out as soon as you receive your section 21 notice.

You are responsible for paying rent until the end of your tenancy. If you want to move out before the end of the notice period, try to agree an earlier end date.
As they want you to move out, your landlord should agree to this. Be sure to keep texts, emails or letters as proof of what was agreed.

If the section 21 notice is valid, the court has to make a possession order. The possession order will have a date for possession on it, but you don’t have to leave your home by this date. 

If you don’t leave by the date for possession, your landlord can ask bailiffs to evict you. Bailiffs need to give you at least two weeks’ notice before evicting you.

If you’re facing eviction and would like advice, Shelter can help.