Understanding a Section 21 Notice | A Landlord’s Guide to No-Fault Evictions

As a landlord, knowing how to legally reclaim your property is crucial. If you have an assured shorthold tenancy (AST) in England, one of the most common ways to evict a tenant is by serving a Section 21 eviction notice—also known as a no-fault eviction. This legal process allows you to regain possession without giving a specific reason if you follow the correct procedure. 

In this guide, we will explain what a Section 21 notice is, when landlords can use it, how it differs from a Section 8 notice, and how to serve it correctly—while avoiding common legal pitfalls. 

What Is a Section 21 Notice?

A Section 21 eviction notice is a legal document that landlords use to end an assured shorthold tenancy (AST) without proving tenant misconduct. You can serve it | 

• At the end of a fixed-term tenancy (when the contract expires).
• During a periodic tenancy (rolling tenancy without a fixed end date).

The key advantage of a Section 21 notice is that you do not need to give a reason for eviction, making it a straightforward process—if it is done correctly. 

When Can You Serve a Section 21 Notice?

You can use a Section 21 eviction notice if |

• The tenancy is an assured shorthold tenancy (AST).
• The tenant has been on the property for at least four months.
• The deposit is protected in a government-approved scheme.
• The tenant has received a valid EPC, Gas Safety Certificate, and How to Rent guide.
• You provide at least two months’ notice before the tenant must leave.

Failing to meet these conditions can invalidate the notice and lead to delays. 

Section 21 vs. Section 8 | What is the Difference?

A Section 21 notice is not the only way to evict tenants. Another option is a Section 8 notice, which is used when the tenant has breached the tenancy agreement. Here is how they compare: 

Feature	Section 21 Notice	Section 8 Notice
Reason Required?	❌ No reason needed	✅ Yes, must state a legal ground
When Can You Use It?	End of tenancy or periodic tenancy	Tenant breaches contract (e.g., rent arrears, damage)
Notice Period	2 months minimum	2 weeks to 2 months (depending on the reason)
Court Process?	Not always required	More likely to involve court action
Tenant Challenges?	Less likely	More likely to be contested

If a tenant is not paying rent or breaking tenancy rules, a Section 8 notice may be the better option. However, a Section 21 eviction notice is usually quicker and less likely to be disputed. 

How to Serve a Section 21 Notice Correctly

To ensure your Section 21 notice is legally valid, follow these steps |

1. Check Legal Requirements – Ensure the tenant has received all required documents (EPC, Gas Safety Certificate, How to Rent guide).
2. Use the Correct Form – Serve Form 6A, the official Section 21 eviction notice.
3. Give Proper Notice – Provide at least two months’ written notice.
4. Deliver the Notice Correctly – Send it via recorded delivery, in person, or email (if permitted in the tenancy agreement). Keep proof of service.
5. Wait for Tenant’s Response – The tenant may leave voluntarily, negotiate, or challenge the notice.
6. Apply for a Possession Order (If Necessary) – If the tenant refuses to leave, you may need to apply for a court possession order. If granted, High Court Enforcement Officers can be instructed to remove them.

Common Legal Pitfalls to Avoid

• Serving a Section 21 notice too early – You cannot serve it within the first four months of the tenancy.
• Not protecting the tenant’s deposit – The notice will be invalid if the deposit is not in a government-approved scheme.
• Incorrect paperwork – Mistakes in the notice or missing documents can cause delays.
• Retaliatory eviction risks – If the tenant has reported a repair issue, the eviction may be blocked.

By avoiding these mistakes, you increase the chances of a smooth and successful eviction. 

Summing Up |

Navigating the eviction process as a landlord requires a clear understanding of your legal rights and responsibilities. A Section 21 notice offers a straightforward way to regain possession of your property, but it must be served correctly to avoid unnecessary delays or legal challenges. Unlike a Section 8 notice, which is based on tenant breaches, a Section 21 eviction notice allows landlords to reclaim their property without needing to provide a reason—making it a valuable tool for ending a tenancy smoothly. 

If you need expert guidance on evictions, professional enforcement assistance, or just peace of mind that you are handling the process correctly, Shergroup is here to help. Whether you are facing tenant disputes or require High Court Enforcement for possession orders, our team ensures a fast, efficient, and legally sound approach. 

You may have seen our work on “Call the Bailiffs: Time to Pay Up“—now let us help you in real life!  Watch the Show 

Do not leave your eviction process to chance—contact Shergroup today and let us take action together!

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