What's a Section 21 eviction notice?

A Section 21 eviction notice is a formal legal document that landlords in England and Wales use to regain possession of their property from a tenant. Often referred to as a "no-fault" eviction, this notice allows landlords to end an assured shorthold tenancy (AST) without providing a specific reason. While Section 21 does not imply any wrongdoing by the tenant, it is important that landlords follow the correct legal process to avoid issues. Understanding when and how to use a Section 21 notice is crucial for landlords to remain compliant with housing laws.

What is the process for serving a Section 21?

Serving a Section 21 notice involves several key steps that must be followed correctly to make sure it is legally valid. Below is an overview of the steps involved:

Step 1 - Serve notice

Thorough review

Before serving a Section 21 notice, it's important to carefully review the tenancy agreement. Make sure that all the legal requirements, such as deposit protection and the issuing of required documents (e.g. Energy Performance Certificate (EPC), gas safety certificate), have been met. Missing any of these requirements could invalidate the notice.

Advise if necessary

To draft the claim you need, it may be helpful to seek professional advice. Our team of experts at Landlord Action can provide guidance on the process and help you remain compliant with the latest housing regulations.

Draft and serve notice

Once all checks are complete, the next step is to draft the Section 21 notice. This must be done accurately to avoid any legal problems. Landlord Action can help prepare and serve the notice properly, either in person or through a reliable delivery method, such as recorded post.

Step 2 - Issue claims

Draft claim

If the tenant does not leave the property after the notice period, you will need to issue a possession claim in court. The first step is to draft the claim, making sure all details are correct.

Court forms

Next, you need to complete the required court forms, such as Form N5 (claim form for possession) and N119 (particulars of claim). Filling these out correctly is essential, as errors could lead to delays.

Preparing your claim

Once the forms are complete, they need to be submitted to the court, along with supporting documents. There is also a court fee to pay at this stage. Landlord Action can assist with preparing the claim so that it meets all legal requirements and is ready for submission.

Instructing your advocate

If the case goes to court, it is advisable to instruct a legal advocate to represent you. This will help present your case effectively. Landlord Action provides experienced advocates who specialise in possession cases.

Step 3 - Bailiffs

If the tenant still refuses to vacate the property after the court has granted a possession order, the next step is to apply for a warrant of possession, which involves instructing bailiffs. This is the final stage in the eviction process and results in the physical removal of the tenant from the property.

What does a Section 21 look like?

A Section 21 notice is a formal, legally binding document that must meet specific requirements to be valid. It should include details such as the property address, the date the notice was served, and the date by which the tenant must leave. The notice must also clearly state that it is being served under Section 21 of the Housing Act 1988.
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Frequently asked questions

What is a no-fault eviction?

A no-fault eviction refers to the use of a Section 21 notice to regain possession of a property without providing a reason for the eviction. This differs from a Section 8 notice, which is used when the tenant has breached the tenancy agreement, such as falling into rent arrears.

Do I have to reference a Section 21 in my tenancy agreement?

No, you do not need to reference Section 21 in your tenancy agreement. However, to serve a Section 21 notice, the tenancy must be an assured shorthold tenancy (AST). You must also have complied with legal requirements, such as providing the tenant with the necessary documents at the start of the tenancy.

Can't I just download a free form and serve a Section 21 myself?

While free Section 21 forms are available online, it is important to fill them out correctly and serve them properly. Mistakes in the form or the process could lead to the notice being invalid. At Landlord Action, we help landlords avoid these issues by offering expert guidance and making sure all paperwork is compliant with current laws.

How much notice do I need to give the tenant?

Yes, you can try us for free for 30 days. If you want, we’ll provide you with a free, personalized 30-minute onboarding call to get you up and running as soon as possible.Landlords must give tenants at least two months’ notice when serving a Section 21. However, the specific circumstances of the tenancy, such as its start date, can affect the required notice period. Landlord Action can advise on the correct notice period for your tenancy.

Can I get any money owed back?

A Section 21 notice is used only to regain possession of the property and cannot be used to claim rent arrears or other debts. If the tenant owes money, you will need to pursue a separate legal process, such as making a claim through a small claims court, to recover it.

Will I still be able to serve a Section 21 notice when the Renters’ Rights Bill becomes law?

No, under the new Renters' Rights Bill, Section 21 notices, also known as "no-fault evictions," are being abolished. This means landlords will no longer be able to evict tenants without giving a reason. Instead, landlords need to rely on Section 8 grounds, where they must provide specific reasons for regaining possession of their property, such as wanting to sell, redevelop, or move a family member in​. Total Landlord, also powered by Total Property, provides more guidance in their article, ‘Renters’ Rights Bill: What’s happening to evictions and Section 21?'

What are the new grounds for eviction under Section 8?

The Renters' Rights Bill introduces updated grounds for possession under Section 8. These include:
  • The landlord wants to sell the property
  • The landlord or a family member wants to move in. Rent arrears that extend beyond three months
  • Rent arrears that extend beyond three months
  • Serious anti-social behaviour, although landlords will now need to provide "substantial evidence" for this
The rules make it more difficult for landlords to evict tenants, especially without strong justification.

How long will the eviction process take under the new Renters’ Rights Bill?

The Bill does not make substantial changes to court processes, meaning evictions may still face delays. However, the Bill introduces quicker dispute resolutions through a new Private Rented Sector Ombudsman service, which aims to settle landlord-tenant issues outside of the courts, reducing both time and cost​.

Can tenants challenge rent increases?

Yes, the Renters' Rights Bill gives tenants the right to challenge rent increases. Landlords will only be able to raise rent once a year in line with market rates, and tenants can challenge any increase they deem unreasonable. This is part of the Bill's effort to curb practices that force tenants out through excessive rent hikes​. Find out more in Total Landlord’s article, 'Renters (Reform) Bill: Are tenants being given more power to challenge rent rises?'

Will landlords still be able to evict tenants in case of rent arrears?

Yes, landlords can still evict tenants in the case of rent arrears, but under the new Bill, tenants must be at least three months behind on rent (an increase from the previous two months) before eviction proceedings can begin​.

Can I refuse a tenant’s request to keep a pet?

Under the Renters' Rights Bill, tenants have the right to request permission to keep a pet, and landlords cannot unreasonably refuse. However, landlords can request that the tenant take out insurance to cover any damage caused by the pet​. Total Landlord, also powered by Total Property, is introducing a new pet damage protection plan, to help you protect your property against damage caused by your tenants’ pets. You can also learn more about renting to tenant with pets under the Bill in their article, ‘Renters’ Rights Bill: Will landlords have to accept pets soon?’

What happens if my tenant refuses to leave after an eviction order is granted?

If the tenant does not vacate after a possession order is granted, landlords can still apply for a warrant of possession, allowing bailiffs to enforce the eviction. This remains the final step in the eviction process under the new rules​.

How does the new Private Rented Sector Ombudsman work?

The Renters' Rights Bill introduces a Private Rented Sector Ombudsman for the private rented sector, which will provide fair, impartial, and binding resolutions to disputes between landlords and tenants. This aims to prevent costly court cases and will provide quicker resolutions. Read Total Landlord’s guide, ‘Renters’ Rights Bill: How will the new Private Rented Sector Ombudsman work?’

Do I need to make my property meet any new standards?

Yes, the Decent Homes Standard will now apply to the private rented sector. This means landlords must make sure that their properties are safe and free from serious hazards, such as damp or mould. Failure to comply could result in fines under Awaab's Law, which sets legal expectations for addressing hazardous conditions, in particular when to commence any work.

Request a call back for advice from our experts

If you are unsure about any aspect of serving a Section 21 notice or need help with the eviction process, Landlord Action is here to assist. Request a call back from our team of legal experts, who can guide you through the process step-by-step and help you stay compliant with housing laws. You can also read our guidance on Section 21 or Section 8, deciding which eviction action to take.
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