Can a Landlord Evict a Tenant Without a Court Order? The Legal Answer
No. A landlord in England cannot legally evict a tenant without a court order —...
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A Section 21 notice is the prescribed form a landlord must use to seek possession of a residential property in England without giving a reason — a ‘no-fault’ eviction. The correct template is Form 6A, prescribed under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. Landlords must use this form correctly, or the notice is invalid and the possession process cannot proceed.
The UK government’s Renters’ Rights Bill proposes to abolish Section 21 no-fault evictions in England. As of April 2026 this Bill was progressing through Parliament and had not yet become law. Section 21 remains valid. Landlords should check the current legislative position at legislation.gov.uk before serving a notice.
The correct template for a Section 21 notice in England is Form 6A. This is a statutory prescribed form — meaning Parliament has mandated its use. Any landlord using an old, unofficial, or modified form risks serving an invalid notice.
Form 6A was introduced on 1 October 2015 following the Deregulation Act 2015. Before that date, landlords used different forms depending on whether the tenancy was fixed term or periodic. Since 1 October 2015, Form 6A applies to all new Assured Shorthold Tenancies (ASTs) in England — and since 1 October 2018, it applies to all ASTs regardless of when the tenancy started.
The form is available free of charge from the GOV.UK website. It can be completed digitally or in hard copy. Shergroup’s Property Notice Service & Legal Documentation prepares Form 6A on behalf of landlords — completing every required field, cross-checking against the pre-conditions, and serving with full evidence of service retained.
Note: Form 6A applies to England only. Wales has different legislation — the Renting Homes (Wales) Act 2016 applies to Welsh tenancies, with different notice requirements. Scotland and Northern Ireland have entirely separate legal frameworks.
A valid Section 21 notice using Form 6A must include specific information. Missing any of these elements renders the notice defective and the possession claim will fail.
The notice must state the full name and address of all landlords and all tenants. It must identify the property address. It must state the date of service and the date on which the notice expires — the earliest date on which possession proceedings can be started. That date must be at least 2 months from the date of service and cannot fall before the end of any fixed-term period.
The form includes a section confirming that the landlord has complied with the prescribed requirements under the Housing Act 2004 and the Assured Shorthold Tenancy Notices and Prescribed Requirements Regulations 2015. This is a signed declaration — not a formality. If the pre-conditions have not been met, the landlord cannot honestly complete this section and the notice should not be served.
The landlord or their authorised agent signs the notice. Where a letting agent serves on behalf of a landlord, the agent must be authorised to do so. Courts have rejected notices where the signatory had no clear authority to act.
The pre-conditions for a valid Section 21 notice are where most landlords make mistakes. Serving the notice without meeting all of them wastes time and gives the tenant grounds to defend the possession claim.
Tenancy deposit protection is the first pre-condition. If the tenant paid a deposit, it must be protected in a government-approved scheme within 30 days of receipt. The Prescribed Information about the scheme — including the scheme leaflet and the deposit certificate — must have been given to the tenant. Both steps must have been completed before the notice is served. Failure to protect, or failure to provide Prescribed Information, means Section 21 is unavailable until the deposit is either returned to the tenant in full or the failure is remedied.
An Energy Performance Certificate (EPC) must have been given to the tenant before or at the start of the tenancy — not at the time of serving the notice. If no EPC was provided, Section 21 cannot be used until it has been provided. A current EPC must have at least an E rating for the property to be lawfully let.
A gas safety certificate must be provided annually to the tenant. If the current gas safety certificate was not given to the tenant before they moved in, or if an annual renewal was not provided within the required period, Section 21 is unavailable. Courts apply this rule strictly.
The How to Rent guide — the government’s current version — must have been given to the tenant at the start of the tenancy and at every renewal. Providing an outdated version at commencement and failing to provide the current version on renewal is a recognised defence to Section 21.
Section 21 cannot be used to evict a tenant within 6 months of a local authority serving an improvement notice or emergency remedial action notice on the property under the Housing Act 2004. It also cannot be used in retaliation for a tenant’s complaint about the property’s condition.
Shergroup’s Property Notice Service & Legal Documentation prepares Form 6A, verifies all pre-conditions, serves the notice correctly, and retains full evidence of service — eliminating the most common reasons Section 21 notices fail. Instruct online and we respond the same working day.
Service of the Section 21 notice is as legally important as its content. A notice that has not been validly served cannot be relied on in court, even if the form itself is correctly completed.
The tenancy agreement governs the method of service. Most ASTs include a service clause — for example, permitting first class post to the property address, with deemed service after 2 working days. Some agreements permit service by email if the tenant has agreed in writing to receive notices that way. Where no service clause exists, the default position under s.196 of the Law of Property Act 1925 applies.
Personal delivery to the tenant — handing the notice directly to them — is the most certain form of service. The landlord or their agent should make a contemporaneous attendance note recording the time, date, and circumstances of service. Photographs of the notice being handed over, combined with a written attendance note, provide strong evidence.
Where service is by post, the landlord should send the notice by first class post and retain proof of postage. A certificate of posting from the Post Office is preferable to a post box drop. The landlord should also send a second copy by recorded delivery or tracked post. Deemed service by first class post is 2 working days after posting.
Shergroup’s Property Notice Service & Legal Documentation retains a complete evidential record of every notice served — including the completed Form 6A, the method of service, proof of postage or personal service record, and the date of deemed service. This becomes the landlord’s evidence bundle if possession proceedings are needed.
Once the Section 21 notice expires, the landlord can apply to the county court for a possession order — but only if the tenant has not vacated voluntarily.
The landlord uses the Accelerated Possession Procedure — Form N5B online or paper claim. This procedure is faster than a standard possession claim because no hearing is normally required if the claim is uncontested and the paperwork is correct. A possession order is typically made on the papers. The standard possession date is 14 days after the order, extendable to 42 days in cases of exceptional hardship.
If the tenant does not leave by the possession order date, the landlord must apply for a warrant of possession from the county court. A bailiff then attends to enforce the order. For faster execution, the possession order can be transferred to the High Court under End-to-End Residential Repossession — enabling Shergroup’s High Court Enforcement Officers to enforce within days. The High Court Property Recovery Service provides end-to-end possession recovery from notice to enforcement.
On the future of Section 21: the Renters’ Rights Bill, as introduced to Parliament, proposes abolishing Section 21 for all new tenancies from a commencement date to be appointed by the Secretary of State, and then for all existing tenancies from a later transition date. Until the law changes, Section 21 remains available and legally effective. Landlords who intend to use it should act promptly — the window may close.
The correct form for a Section 21 notice in England is Form 6A — prescribed under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. Landlords must use this prescribed form. Using an older or unofficial template risks invalidity. The form is available from the GOV.UK website.
A landlord must give at least 2 months’ notice on a Section 21 in England. The notice period cannot expire before the end of a fixed-term tenancy. The notice is valid for 6 months from the date of service — if possession proceedings are not started within that period, the landlord must serve a fresh notice.
Yes. A Section 21 notice can be invalid for many reasons — using the wrong form, failing to protect the deposit and provide prescribed information, not providing an EPC or gas safety certificate, serving during a fixed term when the tenancy agreement prohibits it, or if there is a pending rent repayment order or improvement notice against the property.
The UK government has proposed abolishing Section 21 no-fault evictions through the Renters’ Rights Bill, which was progressing through Parliament as of April 2026. Until the law is changed and brought into force, Section 21 remains valid in England. Landlords should check the current legislative position before serving a notice.
A Section 21 notice can be served during a fixed-term AST, but it cannot expire before the fixed term ends. The earliest it can take effect is the last day of the fixed term. If the tenancy has already become periodic, the 2-month notice period applies and can expire at any time — it does not need to align with a rent payment date.
Shergroup’s Property Notice Service & Legal Documentation takes care of Form 6A preparation, pre-condition verification, evidenced service, and full documentation — protecting your possession claim from day one. Instruct online now — we respond the same working day.
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Last updated | 19 July 2023
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