The Section 21 eviction process has been the primary route for landlords in England to regain possession of their property since 1988. Also known as "no-fault" eviction, it allows you to end an Assured Shorthold Tenancy without proving any wrongdoing by the tenant. This guide walks you through every step of the process—but time is running out.

Critical Deadline: 30 April 2026

Section 21 is being abolished on 1 May 2026. The last day to serve a valid Section 21 notice is 30 April 2026. If you may need to regain possession of any property, you must serve your notice before this date. After May 2026, you will only be able to evict using Section 8, which requires proving specific grounds.

Section 21 Eviction Process Flowchart

The Section 21 process from notice to possession

Section 21 Overview

Section 21 of the Housing Act 1988 gives landlords the right to recover possession of a property let on an Assured Shorthold Tenancy without having to prove any fault on the tenant's part. The key features are:

No reason required: You don't need to justify why you want possession
Mandatory possession: If valid, the court must grant a possession order
Two months' notice: Minimum notice period for most tenancies
Form 6A: The prescribed form that must be used
Compliance requirements: Various legal boxes must be ticked first

When Can You Use Section 21?

Section 21 can be used in the following situations:

During a periodic tenancy (after fixed term ends or if no fixed term)
During a fixed term if the tenancy agreement contains a break clause
To end at the end of a fixed term (serve notice at least 2 months before)

Section 21 vs Section 8

Section 21 requires no grounds but takes longer. Section 8 requires proving grounds (like rent arrears) but can be faster for serious breaches. Many landlords serve both notices together—read our comparison guide.

Pre-Requisites Before Serving

Before you can serve a valid Section 21 notice, you must have complied with several legal requirements. If any of these are missing, your notice will be invalid and the court will not grant possession.

Mandatory Compliance Checklist

Requirement	Details	Consequence if Missing
Deposit Protection	Protected in approved scheme within 30 days	Section 21 invalid
Prescribed Information	Given to tenant within 30 days of deposit	Section 21 invalid
Gas Safety Certificate	Valid CP12 provided before tenancy started	Section 21 invalid
EPC	Valid EPC (rated E or above) provided	Section 21 invalid
How to Rent Guide	Current version given to tenant	Section 21 invalid
EICR	Satisfactory EICR report provided	Section 21 invalid

Section 21 Restrictions

You cannot serve a Section 21 notice if:

The tenancy is less than 4 months old
Within 6 months of the local authority serving an improvement notice
You've charged an unlawful fee (Tenant Fees Act breach)
The tenant made a legitimate complaint about conditions and you're retaliating
You're not registered with a landlord licensing scheme (if required)

Section 21 Compliance Checklist

Ensure all compliance requirements are met before serving notice

Section 21 Ends 1 May 2026

Time is running out to serve no-fault eviction notices. Don't wait until it's too late.

Serve Your Notice Now

Serving the Section 21 Notice

Once you've confirmed all pre-requisites are met, you can serve the Section 21 notice using Form 6A—the prescribed notice form.

Form 6A Requirements

The Section 21 notice must:

Use the current Form 6A (version dated October 2015 or later)
Give at least 2 months' notice
Not expire before the end of the fixed term (if applicable)
Specify the correct date the tenant must leave by
Be served on all tenants named on the tenancy agreement

Methods of Service

You can serve the notice by:

Hand delivery: Give it directly to the tenant (keep a witness)
First class post: Allow 2 extra days for deemed delivery
Recorded delivery: Provides proof of delivery
Email: Only if the tenancy agreement allows for electronic service
Leaving at property: Through letterbox or attached to door

Proof of Service

Always keep evidence of service. Take photos, get a witness statement, or use recorded delivery. If the tenant disputes receiving the notice, you'll need to prove it was served correctly.

After the Notice Expires

Once the 2-month notice period has passed, the tenant should vacate the property. However, many tenants do not leave voluntarily. You then have two options:

Option 1: Wait for Voluntary Departure

Some tenants leave once they understand the notice is valid. You can:

Send a polite reminder letter
Offer to help with moving costs
Agree a slightly later move-out date

Option 2: Apply to Court

If the tenant refuses to leave, you must apply to court for a possession order. You cannot:

Change the locks while the tenant is out
Remove the tenant's belongings
Harass or intimidate the tenant
Cut off utilities

These actions constitute illegal eviction—a criminal offence.

The Court Process

For Section 21 claims, you typically use the Accelerated Possession Procedure—a paper-based process without a hearing (in most cases).

Accelerated Possession Procedure

Step	Action	Timeframe
1	Complete Form N5B and gather documents	1-2 days
2	Submit to court with fee (£355)	1 day
3	Court sends papers to tenant	1-2 weeks
4	Tenant has 14 days to respond	14 days
5	Judge reviews on paper	2-6 weeks
6	Possession order issued	Usually 14 days to leave

Documents Required

Completed Form N5B
Copy of the tenancy agreement
Copy of the Section 21 notice (Form 6A)
Proof of service
Gas safety certificate
EPC
Deposit protection certificate
Prescribed information
How to Rent confirmation

Section 21 Court Forms N5B

Form N5B is used for accelerated possession claims

Obtaining Possession

If the court grants a possession order, the tenant typically has 14 days to leave. If they still don't vacate:

Bailiff Enforcement

Apply for a warrant of possession (Form N325 - £130 fee)
The court schedules a bailiff appointment (usually 4-6 weeks)
Bailiffs attend and remove the tenant if necessary
You regain possession of your property

Get all court forms and step-by-step guidance with our Complete Eviction Pack →

Complete Timeline

Here's a realistic timeline for the entire Section 21 process:

Stage	Duration	Running Total
Notice period	2 months	2 months
Court application processing	6-8 weeks	3.5-4 months
Possession order compliance	14 days	4-4.5 months
Bailiff warrant (if needed)	4-6 weeks	5-6 months
Total (if tenant resists)	-	5-6 months

Section 21 Process FAQ

How long is a Section 21 notice valid?

A Section 21 notice is valid for 10 months from the date it's served (for periodic tenancies) or 10 months from the end of the fixed term. You must start court proceedings within this window, or the notice expires.

Can I serve Section 21 during a fixed term?

Yes, but the notice cannot expire before the fixed term ends unless there's a break clause. You can serve it early, but the earliest possession date must align with the fixed term end.

What if the tenant has children or is vulnerable?

The Section 21 process is the same regardless of the tenant's circumstances. However, the court or bailiffs may delay enforcement in certain cases, and the local authority has duties to help homeless households. This doesn't affect your right to possession.

Can I claim rent arrears through Section 21?

No. Section 21 only provides possession—it doesn't award money. To recover rent arrears, you need to make a separate money claim. You can do this alongside or after the possession process.

What happens after Section 21 is abolished?

From 1 May 2026, you'll need to use Section 8 with one of the statutory grounds for possession. The government is introducing new and amended grounds (e.g., landlord selling, landlord moving in) but all require proving the ground applies.

Don't Wait—Section 21 Ends Soon

With Section 21 ending on 1 May 2026, landlords who may need to regain possession should serve their notices now. Our document generator creates court-ready Section 21 notices in minutes.

Generate Section 21 Notice Now →

Critical Deadline: 30 April 2026

Section 21 Eviction Process Flowchart

The Section 21 process from notice to possession