Section 21 Eviction Notice template

With our Section 21 Notice template, you can simplify the eviction process. Here we take you through the essentials of using a Section 21 Notice in the UK to effectively manage your rental property.

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Table of Contents:

What is a Section 21 Notice?
Section 21 Notice (Form 6A) example
What to include on a Section 21 Eviction Notice?
How to serve a Section 21 Notice
Section 21 Eviction Notice related documents
Section 21 Notice FAQs

What is a Section 21 Notice?

A Section 21 Eviction Notice, also known as a “no-fault eviction”, is a legal document that landlords in the UK can use to evict tenants without providing a reason.

The term “no-fault eviction” means that the landlord does not need to prove any fault or wrongdoing on the part of the tenant. It can be served purely based on the landlord’s desire to recover their property.

This notice is part of the Housing Act 1988 and allows landlords to regain possession of their property once the fixed term of the tenancy has ended, or during a periodic tenancy.

Section 21 applies to assured shorthold tenancies. It can be used to evict tenants after a fixed term tenancy ends or during a tenancy with no fixed end date (periodic tenancies).

Situations where you cannot use Section 21

You cannot use a Section 21 Eviction Notice in the following circumstances:

You’re in another part of the UK. Section 21 is only applicable in England.
Tenancy started less than 4 months ago, or the fixed term has not ended.
Property is categorised as a house in multiple occupation and does not have an HMO licence.
Tenancy started after April 2007 and the tenants’ deposit is not in a deposit protection scheme.
The council has served an improvement notice on the property in the last 6 months.
The council has served a notice in the last 6 months that says it will do emergency work on the property.
You have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019

Section 21 Notice (Form 6A) example

Below is an example of a Section 21 Notice (Form 6A). This legal template must be filled out correctly and served properly to ensure it’s legally valid:

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What to include on a Section 21 Eviction Notice?

When preparing a Section 21 Eviction Notice, ensure the following information is included:

Landlord’s details: Name and contact information of the landlord or agent.
Tenant’s details: Name and address of the tenant.
Property address: Address of the rental property.
Date of the notice: Date when the notice is issued.
Notice period: Notice period being given (at least 2 months).
Date of possession: Date by which the tenant is required to vacate the property.
Signatures: Signature of the landlord or their agent.

How to serve a Section 21 Notice

Serving a Section 21 Notice requires careful adherence to legal procedures to ensure its validity. Here are the steps:

Provide the correct notice period: Ensure you give the tenant the proper amount of notice.
Use the prescribed form: Use Form 6A for assured short hold tenancies (ASTs)
Ensure compliance with legal requirements: Make sure the property is licensed (if required) and that you’ve provided the tenant with required documents (e.g. the EPC, gas safety certificate, and the “How to Rent” guide).
Serve the notice properly: The notice can be handed to the tenant, left at their address, or sent via post. Keep proof of service.

Section 21 (Form 6A) notice period

The landlord must give the tenant a minimum of 2 months to vacate the property. This notice period starts from the day the tenant receives the Section 21 Notice.

Proper documentation of the service date is essential to confirm this timeline.

Section 21 Notice FAQs

Will Section 21 be abolished?

There has been significant discussion around abolishing Section 21 Notices to improve tenant security. The government has proposed reforms, but as of now, no final decision has been made.

Landlords and tenants should stay updated with the latest legislative changes.

What’s the difference between Section 21 and Section 8?

Section 21 is used for no-fault evictions, whereas a Section 8 notice is used when the tenant has breached the tenancy agreement, such as non-payment of rent or causing damage to the property.

Section 8 notices require specific grounds for eviction, which must be proven in court.

How long is a Section 21 Notice valid for?

A Section 21 Notice is valid for 6 months from the date it was served to the tenant. This means that landlords must initiate possession proceedings within this 6-month window.

If the landlord fails to start the eviction process within this time frame, the notice will expire, and they will need to issue a new Section 21 Notice to proceed with the eviction.

What makes a Section 21 Notice invalid?

Several factors can render this document invalid, including:

Not using the correct form (Form 6A).
Failure to provide the tenant with the required documents (EPC, gas safety certificate, “How to Rent” guide).
Serving the notice before the end of the fixed term.
Not complying with deposit protection rules.
Serving the notice during an ongoing lockdown period where restrictions apply.

For landlords, it's crucial to ensure all legal requirements are met to avoid the notice being deemed invalid, which can lead to delays in regaining possession of the property.

You are only a few steps away from your own Section 21 Eviction Notice!

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Preview of your Section 21 Eviction Notice

FORM NO. 6A

Notice requiring possession of a property in England let on an Assured Shorthold Tenancy

Housing Act 1988 section 21(1) and (4) (as amended)

RELEVANT INFORMATION FOR THE TENANT

- Through this notice, your landlord requires possession of your home. You should read it carefully and seek advice on your situation as soon as possible.

- Before you are required to relinquish possession of your home, you have the right to at least two months' notice. In some circumstances, a longer notice period may have to be given by the landlord.

- Your landlord can apply to the court for an order under Section 21 (1) or (4) of the Housing Act 1988 requiring you to relinquish possession if you do not leave your home by the date set out in section 2.

- If you are concerned about this notice, and what you should do about it, take it immediately to Citizens Advice, a law centre or contact a solicitor who may advise you on housing matters.

- If you are a debtor and find yourself in a "breathing space", you should tell your debt advisor.

- If you believe you are at risk of homelessness as a result of this notice, you should contact your local authority for assistance.

- More information about this notice and the possession process can be found at: https://www.gov.uk/government/publications/understanding-the-possession-action process-guidance-for-landlords-and-tenants.

1. To: _________

2. You are required to leave the below address after _________. If you do not leave, your landlord may apply to the court for an order under Section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession of: _________.

3. If your landlord does not apply to the court within a certain timeframe, this notice will expire. If you are entitled to more than 2 months' notice, your landlord may rely on this notice to apply to the court during the period of 4 months commencing from the date specified in section 2 above. In all other cases, your landlord may rely on this notice to apply to the court during the period of 6 months from the date this notice is served on you.

4. Name and address of landlord:

To be signed and dated by the landlord or their agent (someone acting for him). If there are joint landlords, each landlord or the agent, should sign unless one signs on behalf of the rest with their agreement.

SIGNED by the Landlord

Dated: ___ day of ___________, 20___

_____________________________
_________

Name(s)
_________

Phone number(s)
_________

Email(s)
_________

Address(es)
_________