What Is a Section 21 Notice?
A Section 21 notice is the legal mechanism landlords in England use to regain possession of their property from an assured shorthold tenancy (AST) without needing to prove fault by the tenant.
Despite being called a "no-fault" eviction, Section 21 has strict procedural requirements. Failing even one of them makes the notice invalid — meaning you cannot use it to apply to court for possession.
When Can You Serve a Section 21?
You can only serve a Section 21 notice if:
1. The tenancy is an AST (which most residential tenancies in England are)
2. The fixed term has ended, or you are serving notice during a periodic tenancy
3. All the compliance preconditions are met (see below)
4. You are using the correct form (Form 6A)
You cannot serve Section 21 within the first 4 months of a tenancy.
Compliance Preconditions
This is where most landlords go wrong. Before a Section 21 notice is valid, ALL of the following must be in place:
1. Gas Safety Certificate — Must be in date. A certificate that lapsed even one day invalidates your notice.
2. EPC — The tenant must have received a copy of a valid EPC before the tenancy started.
3. How to Rent guide — The current government How to Rent guide must have been provided to the tenant at the start of the tenancy.
4. Deposit protection — The deposit must be protected in a government-approved scheme, and the Prescribed Information must have been served.
5. EICR — A valid Electrical Installation Condition Report must exist and have been provided to the tenant.
If any of these are not in place, you cannot serve a valid Section 21 — even if you address the issue afterwards.
How to Serve a Section 21
1. Complete Form 6A (available from GOV.UK)
2. Give at least 2 months' notice (the end date must align with a rent period)
3. Serve by hand or by recorded delivery (keep proof of service)
4. Apply to court (via PCOL or NPPD) if the tenant does not vacate
LetCompliance Section 21 Generator: Our tool checks your compliance status first, then pre-fills Form 6A with your property and tenancy details, reducing the risk of procedural errors.