Received a Section 21 Eviction Notice

When a Section 21 notice is received, it may be worth checking whether the landlord has met all the legal requirements before serving it. For tenancies that started or were renewed after 1 October 2015, the landlord is generally required to have protected the deposit in an approved scheme, provided the Energy Performance Certificate (EPC), the gas safety certificate, and the government's 'How to Rent' guide. If any of these were not provided, the notice might not be valid. The notice must give at least two months, and it cannot expire before the end of a fixed-term tenancy. Even after the notice period expires, the landlord cannot physically remove tenants — they would need to obtain a possession order from the court and, if necessary, instruct bailiffs.

Common situations include: receiving a Section 21 notice out of the blue with no explanation, being served a Section 21 after complaining about repairs, receiving the notice during a fixed-term tenancy, being unsure whether the landlord followed the correct process, worrying about becoming homeless after the notice expires, or receiving a Section 21 when the deposit was never protected.

Section 21 of the Housing Act 1988 allows landlords of assured shorthold tenancies to recover possession without proving fault. The Deregulation Act 2015 introduced additional requirements for Section 21 notices served in England: landlords must have complied with deposit protection rules under the Housing Act 2004 (sections 213-215), provided a valid EPC and gas safety certificate, and served the 'How to Rent' guide. Section 21 notices cannot be served within six months of a relevant improvement notice or emergency remedial action notice served by the local authority under sections 11 or 12 of the Housing Act 2004. The Tenant Fees Act 2019 also prevents Section 21 being used where a prohibited payment has not been repaid.

People who receive a Section 21 notice often consider: checking whether all legal requirements were met before the notice was served, seeking advice from a local Citizens Advice or Shelter, contacting the local council's housing team about homelessness prevention, exploring whether they may be eligible for legal aid, and considering whether to negotiate a longer move-out period with the landlord. Some people also look into whether the notice might be retaliatory — for example, if it was served shortly after a complaint about disrepair.

Common mistakes include: assuming you have to leave on the date stated in the notice (the landlord still needs a court order), not checking whether the notice is actually valid (many Section 21 notices contain errors), ignoring the notice entirely and not seeking advice, not contacting the council early enough about housing options, and not keeping a copy of the notice and all correspondence with the landlord.