What is a Section 21 Notice? (England & Wales)

What is a Section 21 Notice? (England & Wales)

Photo by Jonathan Ybema

A Section 21 notice (using Form 6A) allows landlords in England and Wales to regain possession of their property after a fixed-term tenancy ends or during a periodic tenancy, without proving tenant fault. It's often called a 'no-fault' eviction.

Key Requirements Before Serving:

  • Tenancy Deposit: Protected correctly in a scheme within 30 days, with Prescribed Information served.
  • Documents: Tenant received the correct 'How to Rent' guide, Gas Safety Record (if applicable), and EPC at the tenancy start.
  • Licensing: Property has the required HMO or selective licence.
  • Fees: No unlawful fees charged under the Tenant Fees Act 2019 (or they've been returned).

Notice Period:

  • Typically at least two months' written notice.
  • Cannot expire before the fixed term ends (unless using a break clause).
  • Form 6A must be used.

Why Accuracy Matters: Failure to meet any prerequisite or errors on the form (like incorrect dates) will likely invalidate the notice, requiring you to start over. Using a service like Legalmaster™ helps ensure the Form 6A itself is generated correctly based on current regulations.