Section 21 Notice

A Section 21 notice, often called a “no-fault eviction” notice, is a landlord’s written notice under section 21 of the Housing Act 1988 telling an assured shorthold tenant that the landlord wants possession of the property. Historically, it allowed landlords in England to recover possession without giving a reason, as long as they followed the rules on timing, deposit protection, licensing and prescribed documents.

A valid Section 21 notice does not itself end the tenancy. It simply allows the landlord to apply to court for a possession order once the notice period has expired. Until the court grants an order and if needed bailiffs enforce it, the tenant has a right to stay and to keep paying rent.

Under the Renters’ Rights Act, Section 21 is being abolished so that landlords will, in future, need to rely on specific fault-based or legitimate grounds, similar to today’s Section 8 grounds to regain possession. Once that change is in force, new tenancies will no longer be ended via Section 21, and longer notice periods and enhanced protections against retaliatory eviction are expected.

Tenants who receive what is described as a “Section 21 notice” should check carefully whether the regime still applies and seek up-to-date advice.