Section 21 Notices
A Section 21 notice (under the Housing Act 1988) is the route landlords use to end an assured shorthold tenancy without giving a reason. But it's loaded with technical requirements — get any one of them wrong and the notice is invalid.
Cases on file
1
Claimant win rate
0%
Cases reaching a determination
Median damages awarded
—
Where compensation was awarded
The pre-conditions
Before a Section 21 notice can be valid, the landlord must have already done all of these:
- Protected the deposit in a scheme and served the prescribed information
- Given the tenant a valid Gas Safety Certificate before move-in (this date matters)
- Given a valid Energy Performance Certificate
- Given the current version of the government's "How to Rent" guide
- Not taken any prohibited fees under the Tenant Fees Act 2019
Why it's heavily litigated
Possession is one of the few areas where a single missed document can hand the tenant a complete defence. Cases regularly turn on small administrative points — whether an EPC was emailed before or after the tenancy started, whether the gas safety certificate was given to the tenant or just held on file, whether the "How to Rent" guide was the current version.
Cases on Section 21
Frequently asked
- What can invalidate a Section 21 notice?
- An unprotected deposit, missing gas safety certificate at move-in, no Energy Performance Certificate, no "How to Rent" guide, prohibited fees taken, or — in some cases — an outstanding improvement notice from the council. Form 6A must also be used in the correct version.
- How much notice does a Section 21 give?
- At least two months, but it can't expire before the end of the fixed term. If the tenancy is periodic, it must end on the last day of a rental period.
- Is Section 21 being abolished?
- The Renters' Rights Act 2024 abolishes Section 21 for new and existing assured tenancies in England, replacing it with strengthened Section 8 grounds. Implementation is being phased — check the current commencement position.
- What happens after the notice expires?
- If the tenant doesn't leave, the landlord must apply to the court for a possession order. They can use the accelerated possession procedure (paper-only, no hearing) if all the Section 21 paperwork is in order.