Information If you Have Been Served a Section 21 Notice
Important Update: The Renters' Rights Act
The Renters' Rights Act 2025 has now become law and will abolish Section 21 'no-fault' evictions. This means landlords will no longer be able to evict tenants without providing a valid reason. However, until the Act is fully implemented, which is expected in April/May 2026, Section 21 notices may still be used, if served before the commencement date and if court proceedings begin with three months of that date.
Key Changes That Will Take Place Under the Renters’ Rights Act
- Section 21 notices will be abolished. Landlords will need to use Section 8 grounds for possession, such as rent arrears, anti-social behaviour, or intention to sell or move in.
 - Tenancies will become periodic by default. There will be no more fixed term ASTs.
 - Tenants will have the right to end a tenancy with two months’ notice.
 - Landlords will be required to give four months’ notice if they wish to sell or move back in.
 - Rent increases will be limited to once per year and will be required to reflect market rates.
 - Strengthen the right to request pets
 - Bidding wars will be banned. Landlords will not be able to accept offers above the advertised rent
 - A new Private Rented Sector Ombudsman will help to resolve tenant disputes
 - The Decent Homes Standard and Awaab’s Law will apply to private rentals, ensuring safety and quality
 - Introduce a Private Rented Sector Database of all landlords and rented properties to increase transparency
 - Increase Local Authority enforcement powers for civil penalties and enforcement action should any Landlords fail to register or comply
 
Have you been served with a ‘Section 21’ Notice?
If you have an Assured Shorthold Tenancy (AST), currently, until the Renters Rights Act is fully implemented, your landlord does not have to give a reason for ending your tenancy. However, if you have not been given the correct information at the start of the tenancy, or if your landlord is not following the correct procedure to end the tenancy, there may be a delay before you need to move. This could buy you important time to find somewhere else to live.
When can a notice be served?
If you have a new tenancy, the landlord must wait until 4 months after the tenancy start date before serving a notice asking you to leave. Any notice served before then will be invalid.
What does the notice look like?
All Section 21 notices must be in writing and give at least two months’ notice to leave. Your contract may specify that a longer notice period should be given (in which case, the notice period must comply with the contract).
Have you paid a deposit?
In most cases, if your landlord charged a ‘breakages’ deposit (not just rent in advance), he/she should have protected your deposit by lodging it in one of three approved schemes in the first month of the tenancy. If this was not done properly, your landlord cannot issue a valid notice until your deposit is returned to you in full. If he/she doesn’t repay the deposit and continues to court, you could mount a defence that could mean you can stay in the property and get some compensation (up to three times your deposit amount).
Have you been given all the information you should have been given?
In most cases, your landlord is required to provide you with certain essential information, including:
• A gas safety certificate (if you have a gas supply to your home)
• An energy performance certificate, if it is required
• A booklet called ‘How to rent’ (the version which was current at the time your tenancy started or was renewed).
If you have been served with a S21 notice and want to seek help from your council, you should get all of the information you were given together, including that listed above (if you were given it).
Have you complained about the condition of the property?
The landlord should not attempt to evict you in retaliation for making a formal complaint about poor conditions. If you have successfully complained to the local council because your landlord has not remedied a defect to your home, in certain circumstances you cannot be served with a valid notice for up to 6 months afterwards. An exception would be if the landlord genuinely wants to sell up, or if the property is being repossessed.
How long is the notice valid for?
If it is valid when it is served, your notice will only be valid for 6 months (if you have a 6 or 12month fixed term tenancy). The landlord cannot ask the court to give him/her possession of the property if the validity period has expired – he/she must issue a fresh notice. If you used to have a fixed term tenancy, the term ended, but you have stayed on as a ‘statutory periodic tenant’ (from month to month), the notice validity period will only last for 4 months.
Getting help from the local council
If you have been served with a notice, and it will expire within 56 days, it is important that you seek the help of your local council. The council may be able to negotiate with your landlord, to allow extra time for you to find somewhere else to live. If your notice is valid, your landlord is required to go to court for a ‘Possession Order’ before you have to leave. However, if you have a valid notice which expires within 56 days, your council will consider that you are threatened with homelessness. If you are an eligible person, you will be entitled to help and support to enable you to either remain in your home or find somewhere else to live. The council will work with you to develop a ‘Personalised Housing Plan’, outlining the steps that you and the council must take, so that this can happen.
If your landlord does proceed to court, the council can ensure that you are treated fairly, and in exceptional circumstances, may be able to argue for your eviction to be delayed. If you are made homeless, and are in a priority need group, you may be given temporary accommodation while the problem is resolved.