If you’re looking to reclaim possession of your property as a landlord, then a Section 21 Notice is one of the simplest routes to take.
It helps you avoid the courts and move through the process quickly and easily, without as many hold-ups as a Section 8 Notice.
While Section 21 Notices are due to end once the Renter’s Rights Bill comes into force, it is well worth using one in the meantime if the need arises – especially this free, easy to use template which can be downloaded in PDF/Word format.
What is a Section 21 Notice?
Named after Section 21 of the Housing Act 1988, a landlord can issue an s21 notice to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST), without the property owner having to establish a particular “ground” for possession – for example, anti-social behaviour or non-payment of rent.
This makes it a relatively simple way to end a tenancy for a variety of reasons, because you don’t have to state one in the first place.
What is Form 6A when creating a Section 21 Notice?
Form 6A is the basic, government-issued Section 21 Notice seeking possession of a rental property. You can fill this out, print it and use it as a Section 21 Notice. However, it’s better to optimise your own form – especially if your Section 21 Notice is more complex.
If you like a custom, completely personalised Section 21 Notice form use the link below. It takes about 5 min to create and you will end up with a form, tailored to your specific property.
Download CUSTOM Section 21 Notice Requiring Possession
Alternatively, if you just want to download a generic section 21 template, use the link below.
Download GENERIC Section 21 Notice Requiring Possession
Why use a Section 21 Notice at all?
Because you are legally required to give notice to your tenants before ending the tenancy.
Whether you’re a landlord with one property or 1000 homes to let, an s21 notice must be issued to a tenant before you can apply to the court for a possession order – even if the tenancy agreement has ended.
While most landlords don’t have to use the legal system to regain possession of their properties, the risk of tenants refusing to leave remains real. Serving a Section 21 Notice provides a safe and reliable way to evict them, if necessary.
If, for example, your tenant hasn’t left at the end of the tenancy, then your best action is to issue an s21 notice and wait two months before pursuing the matter through the courts. During that time, you are unlikely to be able to collect the rent due.
The information presented on this site should not be construed as legal or any other professional advice or service. You should consult with a professional adviser familiar with your particular factual situation for advice concerning specific legal or other matters before making any decision.
Download Letter to accompany Section 21
When can I serve Section 21 Notice?
The minimum amount of time a landlord needs to issue an s21 notice is two months and it must be served before or on the day on which the fixed term comes to an end, and the periodic tenancy begins.
An s21 is a legal document, so it must be written accurately, carefully and formally. To soften the impact of an s21 notice, it is advisable to send it out with an accompanying letter offering further explanation.
How long is a Section 21 Notice valid for?
The notice is valid for 6 months. Once you’ve used our printable Section 21 Notice template, filled it out and served it to your tenant, it will be valid for 6 months. This is meant to provide you with enough time to apply to the court for eviction (if needed). If that time elapses without reply from the court, you will have to apply for a new notice.
What makes a Section 21 Notice invalid?
Landlords can sometimes serve a Section 21 Notice and then feel shocked when it is rejected. There are rules governing the Section 21 process to ensure the landlord is not (e.g.) carrying out a ‘retaliatory eviction’ and is conducting their tenancy within the legal requirements.
Here are some things that can invalidate a Section 21 Notice. Many involve filling out the form incorrectly or not providing the tenant with essential documents in time.
- Incorrect format of notice – The notice is not in the correct form or is missing important information.
- Incorrect timing & delivery of notice – For example, if the notice was served too early (e.g., within the first four months of the tenancy) or does not give at least two months’ notice. The notice will also be invalid if it was not properly delivered to the tenant.
- Not protecting the tenant’s deposit – The landlord did not protect the tenant’s deposit in a government-approved scheme (if the tenancy began after 2007), or failed to provide prescribed information within the 30-day time limit at the beginning of the tenancy.
- Not having the correct property licence – The property is an HMO or subject to selective licensing, and the landlord has not acquired the required licence.
- Not providing essential documents – An up-to-date Energy Performance Certificate (EPC), A valid Gas Safety Certificate (if applicable) or the government’s ‘How to Rent’ guide at the beginning of the tenancy.
- Evicting a tenant in response to a repair issue – The tenant reported a repair issue, and the council issued an improvement notice that the landlord needed to follow in the last 6 months (as per the Deregulation Act 2015) – but they try to evict the tenant as a result.
- Non-Compliance with Tenant Fees Act – Unlawful fees or deposits above legal limits were taken (against the Tenant Fees Act 2019).
What does a Section 21 Notice look like & what should it include?
The notice must have all the required features filled out to be valid. Below you’ll find all the key details that need to be included when you’re drafting your template Section 21 Notice.
Here’s what to include…
- Landlord name, address & signature – The notice needs to include the full name and address of the landlord (or letting agent acting on their behalf), as well as their signature. If the landlord is acting as a limited company, provide the company name and office address instead.
- Tenant names: The notice needs to state the full name(s) of all the tenants named on the tenancy agreement.
- Rental property address: State the full address of the rental property, including any flat or unit number.
- Date the notice is served: The correct issuing date must be noted. This is also crucial for calculating the notice period.
- Notice period: You need to provide the correct minimum notice period, and this is generally two months for notices served on or after 1st June 2021. Also, the notice period must expire on the day before a rent payment is due or the last day of the tenancy period. It’s also a good idea to state when the notice period is valid to, and hence when it expires.
- Reason for possession: While Section 21 Notices are technically “no-fault”, it should state that the landlord requires possession of the property. Say something like, “The landlord requires possession of the property.”
- Prescribed information: The notice must confirm that the landlord has complied with certain “prescribed information” requirements. For example, protecting the tenant’s deposit, providing a valid EPC, How To Rent guide etc.
- Serving the notice correctly: You must serve the notice correctly and in accordance with the law. Common methods include personal service, first-class post (with proof of postage), or by a process server.
Frequently asked questions – creating a Section 21 Notice
1. What happens if I make a mistake on the notice?
It can be a serious problem, and may invalidate the notice, depending upon what has been missed out. For example, it would be a serious error if you misspelled the name of the tenant or input the wrong property address. This is why it’s important to create and fill out the form with great care.
2. What to do when the tenant is not leaving after Section 21 Notice has been served?
If the tenant still hasn’t left after the notice period has ended, then the landlord will need to apply to the courts for a warrant of possession. Depending upon your relationship with the tenant, it might be worth checking in with them to find out why they have not left and if there is any other way to resolve the situation. Going through the court process can be slow and costly so it’s best to avoid it.
3. What is the difference between a Section 21 Notice and a Section 8 Notice?
The free template linked on this page lets you create a Section 21 Notice – but Section 8 Notices are different. They serve the same function, which is to evict tenants, but you have to provide a specific ground for doing so under Section 8. For example, you might serve it with a ‘ground’ that the tenant is illegally subletting in your property.
Section 8 is best served in more extreme cases where, for example, there is serious anti-social or criminal behaviour at the property. This kind of eviction can be fast-tracked under Section 8, providing the landlord is willing to go through the courts and provide sufficient evidence for the ‘ground’. It is also be used when the landlord wishes to reclaim lost rent, which cannot be done in the same way with a Section 21 Notice form.
4. Can I serve this Section 21 Notice template form during a fixed-term tenancy?
No. The landlord must give notice to the tenant once the fixed term tenancy has ended and not before then. There are occasionally exceptions to this, and if so, they will be clearly stated within the fixed term contract.
5. When will Section 21 be scrapped and how will this affect notices?
As mentioned earlier, the Renters’ Rights Bill is moving through Parliament at an earth-scorching pace and is set to become law as early as May 2025. It still needs to pass through the House of Lords and receive Royal Assent before it comes into force.
A key part of the bill will make Section 21 Notices obsolete, and no longer useable by landlords. Instead, the government will add a new ‘house repossession’ ground for eviction. This can only be served after the first 12 months of the tenancy have elapsed, and only then, with 4 months’ notice given by the landlord. Reclaiming the property to sell will follow similar rules.
The end of Section 21 marks the end of an era for landlords, and the transition to a new system where Section 8 is the only viable route to evict tenants.
Download your FREE Section 21 Notice template
Once you’re feeling confident that you know what a Section 21 Notice is, and how it should be used, use this template for a Section 21 Notice to create your own. Be sure to get started soon before the Renter’s Rights Bill comes into force and changes the way evictions work.
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