A Section 21 notice allows landlords to regain possession of a property without giving a reason. It is often called a “no-fault eviction”.
Important: Section 21 is due to be abolished on 1 May 2026. After this date, landlords will only be able to evict tenants by proving legal grounds, such as rent arrears, using Section 8.
This guide explains how Section 21 works, when it can still be used, and the critical deadlines you must meet.
Section 21 vs Section 8: Which Can You Use?
Section 21 (no-fault eviction) – available until 1 May 2026
Section 8 (fault-based eviction) – the only option from 1 May 2026
If you need possession and are still within the allowed timeframe, Section 21 is usually the simpler route. However, its availability is limited and time-sensitive.
Step 1: Check You Meet All Section 21 Requirements
Section 21 is strict. One missing document or mistake will invalidate the notice.
1. Tenancy type and timing
Section 21 can only be used for assured shorthold tenancies.
You cannot serve it within the first four months of the tenancy.
If the tenancy is still within a fixed term, the notice cannot require the tenant to leave before the fixed term ends.
2. Required documents must have been given to the tenant
Before serving a Section 21 notice, the tenant must already have received:
If any of these were not provided, you should supply them before serving the notice.
3. Deposit protection
If you took a deposit, it must have been:
If this was not done correctly, a Section 21 notice cannot be relied upon unless the issue is resolved.
4. No council enforcement action
You cannot serve a valid Section 21 notice if:
5. Correct form must be used
You must use Form 6A and ensure:
Errors on the form can render the notice invalid.
Step 2: Serving the Section 21 Notice
Once Form 6A is completed, you must give the tenant at least two months’ notice.
How to serve the notice
If posting, allow extra time for delivery when calculating the notice period.
Keep evidence
Always keep proof of service, such as:
Last date to serve a Section 21 notice: 30 April 2026 (before 4:30pm)
After this point, Section 21 will no longer be available.
Step 3: If the Tenant Does Not Leave
If the tenant remains in the property after the notice expires, you must apply to the court. You cannot remove the tenant yourself or change the locks — this would be an illegal eviction.
Court application deadlines
You must apply to court:
Miss this deadline and the notice becomes unusable.
The Court Process
If the paperwork is correct and the tenant does not raise a valid defence, the court may grant possession without a hearing under the accelerated possession procedure. This usually takes 4–8 weeks.
The possession order normally gives the tenant 14 days to leave, or up to six weeks in exceptional cases.
If the tenant still does not leave, you must apply for county court bailiffs, which can take a further 4–8 weeks.
Typical timescale (if contested): 4–6 months from serving notice to regaining possession.
Key Dates to Be Aware Of
After 1 May 2026, landlords will need to rely on Section 8 only, which requires proof of specific grounds and usually involves a court hearing.
What Landlords Should Do Now
If you may need possession within the next 12–18 months:
Leaving this too late could remove your ability to use the faster route altogether.
How We Can Help
Section 21 is unforgiving. A single oversight can invalidate the entire process.
Our litigation team regularly advises landlords on possession claims, reviews paperwork, and handles court applications to ensure notices are served correctly and on time.
If you need advice on regaining possession of your property, contact us for guidance.
Frequently Asked Questions
Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.
Written by Nieve Frances Jones
Solicitor, Dispute Resolution at Franklins Solicitors LLP
Specialises in property evictions, debt recovery, civil and contract disputes, TOLATA claims, injunctions and contentious probate including inheritance and trust disputes.
Nieve Frances Jones is a Solicitor at Franklins Solicitors LLP, having recently qualified after completing her Law degree at the University of Northampton and her LLM and Legal Practice Course at BPP University.
She specialises in civil and commercial litigation, covering areas such as property evictions, debt recovery, boundary and neighbour disputes, contract claims, defamation and contentious probate.
Nieve is passionate about guiding clients through the litigation process and works closely with her team to ensure clients receive clear, accurate advice from the outset.
Outside of work, Nieve enjoys hiking, Brazilian Jiu-Jitsu, Muay Thai and spending time with family and friends.
