Serving a Section 21 notice – the no-fault eviction notice under the Housing Act 1988 – can be tricky. Landlords must follow the Section 21 notice process to the letter; otherwise the notice could be deemed invalid, wasting time and money. This how-to guide will walk you through how to serve a Section 21 notice correctly, step by step. We'll cover everything from using the proper Form 6A and timing the notice, to delivering it with proof. Along the way, we highlight the do's and don'ts and legal requirements at each step (for example, ensuring you gave your tenant the latest "How to Rent" guide and protected their deposit, as these are required by law). Follow this practical checklist to serve a valid Section 21 notice and regain possession of your property smoothly.
Step 1: Complete All Pre-Notice Requirements (Legal Checklist)
Before you even fill out a Section 21 notice, make sure you've met all the legal prerequisites. A Section 21 can be ruled invalid if the landlord hasn't done certain things. Use this checklist to confirm you're in the clear before serving notice:
Tenancy is an Assured Shorthold Tenancy (AST): Section 21 notices only apply to ASTs in England. If your tenant has a different type of tenancy (e.g. an assured tenancy), you cannot use Section 21.
Tenancy is at least 4 months old: You cannot serve a Section 21 notice in the first four months of a new AST. Serving too early will be invalid. Mark your calendar – wait until at least month five of the tenancy before delivering Form 6A.
Any fixed term has ended (or a break clause applies): Section 21 is used to end a tenancy after the fixed term has expired, or in accordance with a break clause if one exists. If you try to make the notice expire before the end of a fixed term (without a break clause), the notice will not be valid. However, you can serve it during a fixed term as long as the tenancy's first 4 months have passed and the notice period won't end until after the fixed term.
"How to Rent" guide provided: Landlords are legally required to give tenants the latest government "How to Rent" guide at the start of the tenancy (as of the start date or renewal). Ensure you gave your tenant a copy (printed or via email) when they moved in. Failing to provide this guide means you cannot serve a valid Section 21 until it's given.
Deposit protected and info provided: If you took a security deposit, it must be protected in a government-approved deposit scheme (e.g. DPS, TDS, or MyDeposits) within 30 days of receipt, and you must have given the tenant the prescribed information about their deposit during that 30-day window. This prescribed info includes details of the scheme and how the tenant can get the deposit back. Failure to protect the deposit or serve the required information within 30 days means you cannot serve a valid Section 21 notice until this is resolved (you'd need to return the deposit or get the court's permission, which is best avoided).
Valid Gas Safety Certificate given: If the property has any gas appliances, you must have given the tenants a copy of the Gas Safety Certificate before they moved in, and kept it updated annually. If you didn't provide this certificate at the tenancy start, the Section 21 notice could be deemed invalid in court. Make sure all gas safety checks are up to date and the tenant has the latest record.
Valid Energy Performance Certificate (EPC) given: Landlords must also supply a valid EPC at the outset of the tenancy. If an EPC wasn't given to the tenant, your Section 21 notice will be invalid. Double-check that the tenant received a copy of the EPC covering the property's energy rating.
Property licensing compliance: If your property is an HMO (House in Multiple Occupation) that requires a license, or is in a selective licensing area, ensure you have the correct landlord license in place. An unlicensed property (where a license is legally required) invalidates a Section 21 notice.
No outstanding improvement notices: If the tenant has complained about disrepair and the local council issued an improvement notice or emergency remedial action notice in the last 6 months, you generally cannot serve a Section 21 (this is to prevent "retaliatory evictions"). You'll need to remedy the issues and wait at least 6 months after the council's notice before proceeding.
No unlawful tenant fees: Under the Tenant Fees Act 2019, landlords cannot charge most upfront fees (aside from permitted ones like a tenancy deposit or rent). If you took any banned fees (for example, admin or referencing fees, or a deposit amount above the legal cap), you must refund them in full before serving a Section 21. Any prohibited fee not reimbursed can render your Section 21 notice invalid.
Why this matters: If any of the above conditions are not met, a court can throw out your Section 21 notice as invalid. Before moving on, double-check each item. It's often called the "Section 21 validity checklist" – only once you've ticked all these boxes are you ready to proceed with serving notice.
Step 2: Serve the Notice at the Right Time (Timing and Notice Period)
Timing is critical in the Section 21 process. Once you've confirmed all prerequisites are satisfied, plan when to serve the notice and what end date to put on it:
Wait at least 4 months from the tenancy start: As noted, the law requires that the tenancy has run for a minimum of four months before a Section 21 can be given. If you serve it any earlier, the notice is invalid. Mark the tenancy start date and ensure four full months have elapsed. For example, if a tenancy began on January 1st, you must wait until at least May 1st to serve notice.
Ensure the notice won't expire before the fixed term ends: A Section 21 notice should expire after the last day of a fixed term. You can serve it during a fixed term (once four months have passed), but the date you require possession (the move-out date) must be on or after the fixed term's end date unless a break clause allows earlier termination. In practice, many landlords serve Section 21 towards the end of a fixed term to regain possession when it ends. If there's a break clause in the contract, you may exercise it per its terms and serve a Section 21 accordingly (again giving at least two months' notice).
Give at least 2 months' notice: The law mandates a minimum of two months' notice for Section 21. This means the gap between the date the tenant receives the notice and the date you expect them to vacate must be at least two months. For example, if you serve notice on April 10th, the earliest tenancy end date you can set in the notice is June 10th (or later). Never shorten this period – even a day less than two months will invalidate the notice. (During the COVID-19 emergency, notice periods were temporarily longer, but since 1 October 2021 it's uniformly two months in England.)
Notice period for periodic tenancies: If the tenancy has become periodic (rolling month-by-month after the fixed term), you still give at least two months' notice. It's no longer required to align the notice with the rental period – the Section 21 can expire on any day as long as the tenant got a full two months' warning. (Older rules about ending on a rent period date were abolished by the Deregulation Act 2015.) However, be aware some contracts might specify a longer notice period by the landlord – always check the tenancy agreement. If the agreement entitles the tenant to more than two months' notice (for example, a quarterly periodic tenancy might require longer notice), you must honor that longer period.
Remember the notice's validity window: A Section 21 notice doesn't last forever. After you serve it, you have a deadline to act if the tenant doesn't leave. For notices served on or after 1 October 2021, you must start any court possession proceedings within 6 months of the date the notice was served. Otherwise the notice lapses and you'd need to serve a fresh one. (For exceptionally long notice periods beyond two months, the window is a bit different – essentially you must apply to court within 4 months of the notice's expiration date if that expiration date yielded more than 2 months' notice.) The key point: don't serve the notice too far in advance. Many landlords time it so that, if the tenant doesn't leave as asked, they can promptly apply to court well within the 6-month window.
Timing tip: It's often wise to serve the Section 21 toward the end of a tenancy (or fixed term) rather than too early. This gives tenants the full tenancy term and avoids the notice expiring before you need it. Also, consider delivery timing (next step) – if you serve notice late on a Friday or before a bank holiday, the effective service date might be later (for example, via post) which in turn affects the end date. Plan accordingly so that your dates all line up with legal requirements.
Step 3: Use the Prescribed Form 6A and Fill It Out Correctly
To serve a valid Section 21 notice, you must use the correct form and complete it accurately. In England, the government-prescribed form for Section 21 is Form 6A – this is a standard document titled "Notice seeking possession of a property let on an AST". Always use the latest version of Form 6A (available from the official GOV.UK website) to ensure it complies with current law. Here's how to proceed:
Download the official Form 6A: You can get Form 6A for free from the government's assured tenancy forms page. It comes with notes to help you. Using the prescribed form is strongly recommended; you are allowed to create your own notice letter only if it contains all the exact information that is in Form 6A, with no omissions. Even then, any mistake in wording could invalidate the notice, so stick to the official form to be safe. (In fact, since 1 October 2018, Form 6A or an exact equivalent is mandatory for all AST Section 21 notices.)
Fill in every section carefully: Form 6A will ask for details like the tenant name(s), landlord name, property address, tenancy start date, and the date possession is required (the end of the notice period). Complete all fields accurately. Small err...