No-Fault Eviction (England): Section 21 GuideNo-Fault Eviction (England): Section 21 Guide

What is a No-Fault Eviction?

A no-fault eviction (also called a "no-grounds eviction") allows a landlord to end an assured shorthold tenancy without needing to prove the tenant has done anything wrong. You don't need to give a reason - you simply want your property back.

In England, no-fault evictions are carried out using a Section 21 notice under the Housing Act 1988. The prescribed form is Form 6A.

Requirements for a Valid No-Fault Eviction

Before serving a Section 21 notice, you must have:

• Protected the tenant's deposit in a government-approved scheme
• Provided the deposit prescribed information within 30 days
• Given the tenant the current "How to Rent" guide
• Provided a valid Gas Safety Certificate (if applicable)
• Provided a valid Energy Performance Certificate (EPC)
• Waited at least 4 months from the start of the tenancy

How to Serve a No-Fault Eviction Notice

1. Check eligibility: Ensure you've met all the requirements above
2. Complete Form 6A: Use the official prescribed form for England
3. Calculate the notice period: Minimum 2 months from service date
4. Serve the notice: By first class post, recorded delivery, or hand delivery with a witness
5. Keep proof: Retain evidence of service (posting receipt, delivery confirmation, or witness statement)

What Happens After Serving Notice?

After the 2-month notice period expires:

• If the tenant leaves, you can take possession
• If the tenant doesn't leave, you must apply to court for a possession order using Form N5B (accelerated procedure)
• The court will grant possession if the notice was valid
• If the tenant still doesn't leave, you'll need to request a bailiff warrant

No-Fault vs Fault-Based Eviction

If your tenant has rent arrears or breached the tenancy, you might prefer a Section 8 (fault-based) eviction. This can sometimes be faster, especially for serious rent arrears.

Compare Section 21 vs Section 8