Section 21 Eviction Notice Guide UK 2026: What Tenants Must Know

Have you received a Section 21 Eviction Notice while renting in the UK? Many tenants face this situation and need clear guidance to understand eviction rules and their responsibilities as renters. EA Guaranteed Rent can help explain the process and steps. This notice does not mean immediate eviction, but it gives you time to review your options.

What Is a Section 21 Eviction Notice?

A Section 21 Eviction notice is used by landlords to end an assured shorthold tenancy. It allows the landlord to request that the tenant leave the property without giving them a reason. This notice is called a no-fault eviction because the tenant does not have to do anything wrong for it.

The landlord may not apply to court unless it serves a minimum of two months’ notice on the tenant. It can be served during a rolling or fixed-term tenancy, provided there is a break clause in the rental agreement. Even after receiving the notice, the tenancy continues until a court orders eviction.

Is a Section 21 Eviction Notice Valid?

It is important to follow these regulations whether you are a landlord or a tenant. Understanding them helps prevent invalid notices and protects tenancy rights.

Legal Rules 

A Section 21 Eviction Notice is only valid if the landlord follows strict legal rules. Many landlords make mistakes with dates, forms, or legal requirements, which can make the notice invalid. If the notice is not valid, the landlord can’t use it to evict the tenant.

Notice Period

The notice must be given on the correct legal form and provide at least two months’ notice. It cannot be served in the first 4 months, and the landlord must apply to the court within 6 months. If these rules are not followed, the notice automatically becomes invalid.

Deposit Protection

You are required to protect your tenancy deposit in an official government-backed scheme within the legal time period. If the deposit was not protected correctly, a Section 21 Eviction Notice will not be valid unless the deposit is returned. The landlord must also provide written deposit information.

Required Documents

Landlords must give tenants important documents, such as a gas and energy performance certificate. If these documents were not provided correctly, the section 21 notice may not be legally valid.

Banned Fees & Deposit Limits

Landlords are not allowed to charge banned fees or take more than five weeks’ rent as a deposit. In some cases, properties also require a council licence, and without it, eviction is not allowed.

Protection Against Revenge Eviction

A Section 21 Eviction Notice cannot be used as revenge for requesting repairs. If the council has issued an emergency works notice, the landlord is blocked from using section 21 for six months.

How to Serve a Section 21 Eviction Notice?

Landlords must serve a Section 21 Eviction Notice correctly for it to be legally valid. Using the right method and timing helps avoid delays later in the eviction process.

Serving the Notice in Person

A Section 21 Eviction Notice can be delivered by hand, preferably with a witness present. Taking a photo or short video of the notice being posted helps prove it was served.

Correct Timing for Personal Service

The notice should be served on a working day during business hours. If served late or on a non-working day, the service date may be delayed.

Using a Certificate of Service

A certificate of service should be completed if the tenant refuses to accept the notice. This acts as evidence if the tenant later disputes receiving the notice.

Serving the Notice by Post

Landlords can send the notice by first-class post and should keep proof of posting. This helps avoid disputes about whether the notice was sent.

When Posted Notices Are Deemed Served

A Section 21 Eviction Notice sent by post is usually treated as served two working days after posting. If those two days fall on a weekend or bank holiday, service moves to the next working day.

After the Notice Is Served

The landlord may apply for a court application after the notice has been served and the notice period has expired. Any mistake in serving the notice will cause delays or invalidate the process of eviction.

Tenants’ Rights After a Section 21 Eviction Notice

When a Section 21 Eviction Notice expires, the landlord can apply to the court to commence the eviction. However, your tenancy does not end automatically. You can stay in the property until one of the following happens:

• You and your landlord agree to end the tenancy
• You give valid notice to leave
• Court bailiffs evict you

The eviction process often takes several months, and tenancies end by agreement rather than court action. It is important to tell your landlord clearly if you plan to stay after the notice ends.

Your Legal Rights After a Section 21 Eviction Notice

Even after receiving a Section 21 Eviction Notice, you still have important legal rights as a tenant. You have the right to live peacefully in your home without disturbance. This applies even if you have missed rent payments or your landlord has already started court proceedings. The notice itself does not remove your right to stay in the property.

If your tenancy agreement allows property viewings, the landlord must ask for your permission and visit only at reasonable times. Your landlord is still responsible for repairs and maintenance until the tenancy legally ends. It is illegal for a landlord to harass you or force you to leave without a court order.

Ending Your Tenancy and What Happens Next

Understanding how and when a tenancy can end is important after receiving a Section 21 Eviction notice. Making the right decision helps avoid legal and financial problems later.

Ending Your Tenancy the Correct Way

If you plan to move out, always end the tenancy legally by informing your landlord in writing. Rent must be paid until the tenancy officially ends, even if you leave earlier.

Ending the Tenancy by Agreement

A tenancy can end by agreement, also called a mutual surrender. Only agree to this if you have somewhere else to live and can leave on the agreed date.

Giving Notice to Your Landlord

If no agreement is reached, you can end the tenancy by giving valid notice. Only give notice if you are sure you can leave by the stated date.

If You Owe Rent

Rent arrears do not mean you must leave immediately. Try to agree on a repayment plan, and your landlord should not harass you.

If You Cannot Afford the Rent

If your income has changed or rent has increased, a long-term stay may be difficult. You may be able to get benefits or council support for cheaper housing.

If You Have Nowhere Else to Go

Do not leave the property without secure accommodation. Leaving too early could affect your right to housing assistance.

If Your Landlord Goes to Court

After the notice ends, the landlord can apply to the court. You can challenge the eviction if the Section 21 notice is not legally valid.

Who Pays Eviction Costs?

If eviction is ordered, tenants usually pay court fees and some legal costs. Bailiff eviction can cost over £666, often repayable in instalments.

What Should You Do After Receiving a Section 21 Notice?

Taking action after receiving a Section 21 notice can ensure the protection of your rights and give you control. Follow these easy and straightforward actions you should follow. 

1. First, check the notice thoroughly to ensure it follows the legal requirements and correct dates. In case of doubt, consult an expert.

2. Next, contact your local council right away and inform their housing team. They could help you to stay longer or support you to find a new place to live.

3. You can get advice from a housing expert or solicitor to understand your options. If you face homelessness, Legal Aid or Citizens Advice provides free support.

4. Always keep track of all communications with your landlord, including texts and letters. These can help if you have to challenge the notice later.

5. If you decide not to stay, then start searching for another place to live. Your local council or support centres can point you toward available options.

Accelerated vs Normal Procedure

These procedures are in place to manage eviction cases efficiently. It still allows the tenant to respond according to the circumstances at the same time.

Preparing for Your Possession Hearing

Preparing helps you present your case and ensures the court has all the information needed to make a fair decision. Bringing the right documents and evidence can strengthen your defence.

• Carefully read all documents sent by the court and your landlord.
• Take all relevant evidence that supports your case to the hearing.
• Bring written proof from a tenancy deposit scheme if your deposit was not protected or was protected late.
• Include a letter from your local council if the property required a licence but was not licensed.
• Provide medical evidence from a GP if leaving within 14 days would cause exceptional hardship.
• The type of evidence needed will depend on the details of your case.
• You may bring a friend or family member for personal support, but they usually cannot speak in court.
• If you cannot attend the hearing, inform the court as soon as possible with a valid reason.
• If accepted, the court may arrange the hearing by phone or video call or change the hearing date.
• If you do not inform the court, the hearing may go ahead without you.

Challenge Your Eviction (Defending Possession)

A landlord backed by a Section 21 notice still cannot evict the tenant without going to court. As a tenant, you can challenge the eviction if the landlord did not follow procedures. 

Steps to challenge eviction:

• Confirm the existence of a valid notice: ensure that it complies with the legal regulations (right form, deposit protection, notice period, etc.).
• Anticipate court documents: the landlord has to file for a possession order, and the court will send you the papers.
• Complete the defense form: this is to inform the court about the reasons for stopping the eviction.
• Provide proof: letters, proofs of deposit protection, council notices, or medical evidence regarding hardship.
• Be present at the court hearing: either state your case or get help from a legal duty solicitor.

Getting a Decision from the Court

After reviewing the case, the court will decide whether you can stay in your home or must leave the property. The decision depends on whether the Section 21 notice and eviction process were followed correctly. 

If the Court Issues a Decision

If you attend a hearing, the judge usually gives the decision on the same day. If there is no hearing, the court will send the decision by letter. The decision will clearly say whether you can stay or must leave.

If You Are Ordered to Leave the Property

If a possession order is given, you usually do not have to leave immediately. Most tenants get at least 14 days to move out, and sometimes more time is allowed. You can appeal only if the court made a legal mistake.

If You Do Not Leave After the Court Order

If you stay after the date in the possession order, the landlord must apply for bailiffs. Bailiffs are court officers and must give written notice before eviction. A landlord cannot force you to leave without this legal process.

How Long Does an Eviction Take?

Eviction usually happens in three main stages like the notice period, court action, and eviction by bailiffs.

1. Notice Period

A Section 21 notice must give at least 2 months’ notice. The landlord must use the correct form, protect the deposit, and provide required documents like a gas safety certificate. If these rules are not followed, the notice may be invalid.

2. Court Action by the Landlord

If you do not leave after the notice ends, the landlord must apply to the court for a possession order. The landlord must apply to the court within 6 months of giving the notice. If they miss this deadline, the notice becomes invalid.

3. Eviction by Bailiffs

If you do not leave by the date on the court order, the landlord can ask bailiffs to evict you. Bailiffs must give at least 2 weeks’ notice of the eviction date. Most evictions are carried out by county court bailiffs, though some landlords use high court bailiffs. 

Pros and Cons of Challenging a Claim for a Possession Order

Challenging a possession claim can give temporary relief to tenants. However, it does not always prevent eviction and may involve risks. Here are some pros and cons that are given below:

The Future of Section 21 Under the Renters’ Rights Act

The Renters’ Rights Act will bring major changes to how landlords can end tenancies in UK One of the biggest changes is the complete abolition of Section 21 notices.

Abolition of Section 21 Notices

The Renters’ Rights Act clearly states that Section 21 will be removed from housing law. This means landlords will no longer be able to evict tenants without giving a valid reason.

• Section 21 will be fully abolished.
• All assured shorthold tenancies will become periodic assured tenancies.
• Tenants will have stronger protection from no-fault evictions.

Renters’ Rights Act Start?

The Act will apply to both new and existing tenancies at the same time. There will be no phased rollout.

• The Act will start on 1 May 2026.
• It will apply to all tenancies, new and existing.
• No new Section 21 notices can be served from this date.

Existing Section 21 Notices

Notices served before the Act takes effect will still be valid if they meet the legal requirements. However, strict time limits will apply.

• Section 21 notices served before 1 May 2026 remain enforceable.
• Notices must be legally valid to be used.
• No Section 21 notices can be served on or after 1 May 2026.

Time Limits for Court Proceedings

Landlords will have a limited time to take court action using old Section 21 notices. Missing these deadlines will make the notice unusable.

• Court action must start by the earlier of:
  
  • 6 months from serving the notice, or
  • 3 months from 1 May 2026

The final deadline for most cases will be 31 July 2026.

Notices Served Well Before Expiry

Different rules apply if a Section 21 notice was served more than two months before it expires.

• Landlords will have the earlier of:
  
  • 4 months from the notice expiry, or
  • 3 months from 1 May 2026
    
• After this period, possession claims cannot be started.

FINAL THOUGHTS

A Section 21 Eviction Notice often creates stress and uncertainty for tenants, especially in London’s competitive rental market. When you understand the legal rules, you protect your rights and avoid unnecessary pressure from landlords. The notice does not end your tenancy, and the law gives you time to plan your next steps. You can handle the process confidently by taking early actions.

Frequently Asked Questions