Received a Section 21 Notice? Here's Exactly What to Do

A Section 21 notice under the Housing Act 1988 allows a landlord to end an assured shorthold tenancy without giving a reason (a 'no-fault eviction'). It requires a minimum of 2 months notice.

Importantly: the notice itself does not end your tenancy and does not require you to leave. It gives the landlord the right to apply to court for a possession order after the notice expires — and even then, you can continue to live in the property until a bailiff warrant is executed. This process typically takes several months minimum.

Check every one of these:

1. Form 6A: The notice must be on the prescribed Form 6A (required since October 2015). A letter is not sufficient.

2. Deposit protected: Your deposit must be in TDS, DPS, or MyDeposits within 30 days of payment. Not protected = invalid Section 21.

3. Prescribed Information: You must have been given the Prescribed Information about the deposit scheme. Not given = invalid Section 21.

4. How to Rent guide: You must have been given a copy of the government's 'How to Rent' guide at the start of the tenancy (and any updated version). Not given = invalid Section 21.

5. EPC: The property must have a valid Energy Performance Certificate, and you must have been given a copy. Not given = potentially invalid.

6. Gas Safety Certificate: You must have been given an annual gas safety record. Never given = potentially invalid.

7. Notice period: Minimum 2 months from the date the notice is received (not the date it was written). Shorter = invalid.

8. Timing: Cannot be served in the first 4 months of the original tenancy.

9. Expiry: The notice must be acted on within 6 months of service.

10. Licensing: If the property requires a landlord licence in your area and does not have one, the Section 21 may be invalid.

If you find a defect, write to your landlord citing the specific issue:

Example: 'I am writing in response to the Section 21 notice served on [date]. I believe this notice is invalid as [specific reason — e.g. my deposit was not protected in a government-approved scheme within 30 days as required by Section 213 of the Housing Act 2004]. Accordingly, I will not be vacating the property on [date]. Should you wish to proceed, I understand you would need to serve a valid notice and pursue the matter through the county court.'

Do not be confrontational or aggressive. Be factual, cite the law, and be clear that you are not leaving based on an invalid notice.

If the notice passes all the checks above, you have fewer options to prevent the eviction — but you can still:

1. Negotiate with the landlord: Ask why they are evicting you and whether the situation can be resolved.

2. Approach the council: If you face homelessness, contact your local council's housing department immediately. Under the Homelessness Reduction Act 2017, they must help you if you are threatened with homelessness within 56 days.

3. Delay the process: Even with a valid notice, the court process takes time. You do not have to leave until a bailiff's warrant is executed.

4. Check for retaliatory eviction: If you complained about the property's condition in the 6 months before receiving the notice, and the council served a relevant notice on your landlord, a Section 21 served afterwards may be retaliatory and therefore invalid.