Home and Housing
Section 21 eviction notices
Summary
A Section 21 notice is a "no-fault" eviction notice a private landlord in England can use to end an assured shorthold tenancy. Your landlord cannot force you to leave without a court possession order and warrant for eviction. You may be able to challenge the notice if it is invalid — common grounds include deposit protection failures, missing documents, incorrect form, or retaliatory eviction.
Key information
- Landlord cannot evict directly — They must go to court for a possession order. Forcing you out by changing locks or harassment is an illegal eviction.
- Court deadline: Landlord must start court proceedings by end of July 2026 and within 6 months of giving the Section 21 notice, or the notice becomes invalid.
- Form 6A required — Notice must use form 6A (or equivalent letter) with the correct version for the date it was served.
- Prescribed information — Notice may be invalid if landlord did not give deposit prescribed information before serving it.
- Required documents (tenancies after 1 October 2015) — Gas safety certificate (within 12 months), energy performance certificate, and current "How to Rent" guide must have been given.
- Fixed term rule — Notice invalid if given within first 4 months of original tenancy. During fixed term you usually cannot be required to leave unless there is a break clause.
- Retaliatory eviction — Landlord cannot evict you simply because you asked for repairs.
- Banned fees — If landlord charged illegal tenancy fees, this may help you challenge eviction.
- Deposit cap — Charging more than 5 weeks' rent (6 if rent over £50,000/year) may help challenge eviction.
Practical guidance
- Your name and address are correct on the notice
- Deposit was protected and prescribed information given
- Form 6A (correct version) was used
- Gas safety certificate, EPC, and How to Rent guide were provided (if tenancy started after 1 October 2015)
- Property needs a licence and landlord does not have one
- Notice was given within 4 months of tenancy start (fixed term rules)
- Landlord is evicting you for complaining about repairs (retaliatory eviction)
- Your landlord must apply to court after the leave date on the notice.
- You can ask the council for homeless help as soon as you receive the notice.
- Keep paying rent until your tenancy legally ends.
- You may ask the court to delay leaving if leaving within 14 days would cause exceptional hardship (up to 6 weeks).
- You can stay and challenge the eviction ("defend possession").
- Wait for court papers, then complete the defence form (N11B for accelerated procedure, N11 otherwise) within 14 days.
- Explain why the notice is invalid — e.g. deposit not protected, wrong procedure, discrimination.
- Bring evidence to any hearing: deposit scheme letters, council licensing letters, GP letters about hardship.
- Attend the hearing even if you missed the defence deadline.
- A duty adviser may be available on the day. Legal aid may be available on low income.
- If you lose, you usually get 14 days to leave (possibly longer for exceptional hardship).
Related topics
More in this area
Sources
- Citizens Advice — If you get a section 21 eviction notice from a private landlord
- Citizens Advice — Check if your landlord has to protect your deposit
- GOV.UK — Form 6A
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.
