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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).

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This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

Section 21 eviction notices | Legal Shaman