A Section 21 Notice, also known as a Notice Requiring Possession, can be used to terminate a fixed or periodic Assured Shorthold Tenancy (AST) after the term is over. It is typically used by a landlord to end a fixed or periodic Assured Shorthold Tenancy and regain possession of the dwelling after the term has expired.

A Section 21 notice cannot be issued if you have not been given the following:

• the property’s Energy Performance Certificate 

• the government’s ‘How to rent’ guide

• a current gas safety certificate for the property, if gas is installed
  
  

The gas safety certificate and the ‘How to rent’ guide must have been given before you moved in.

You must also have been given a tenant's copy of the property’s Energy Performance Certificate before you rented the property. You can check whether a property has an energy performance certificate here.

A Section 21 notice cannot be used if any of the following apply:

• it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows the landlord to do this
  
  

• the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
  
  

• the tenancy started after April 2007 and the landlord has not put your deposit in a deposit protection scheme
  
  

• the council has served an improvement notice on the property in the last 6 months
  
  

• the council has served a notice in the last 6 months that says it will do emergency works on the property

• the landlord has not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019

Checking Dates

Your notice will not be valid if:

• the notice period is less than 2 months

• you get the notice during the first 4 months of your original tenancy

• your landlord applies to court more than 6 months after giving you the notice

The notice period runs from the date your landlord gives you the notice until the date the notice says you have to leave by.

Your landlord may need to give a longer notice period if you have a ‘contractual’ periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if you pay rent every 3 months, you must give 3 months’ notice.

Leaving the property

• You do not have to leave by the date on the section 21 notice.

• Your landlord has to apply to court to end your tenancy if you stay.

Protected Deposit

Your landlord cannot give you a valid section 21 if:

• your deposit is not protected in a scheme

• it was protected late

For most renters, late protection means more than 30 days after your most recent contract started.

If you paid your deposit before 6 April 2012, there are different rules about late protection.

If your landlord or agent break these rules, they must return your deposit before they can give you a section 21 notice. Your landlord must also give you certain written information about the deposit and the scheme before they can give you a valid section 21 notice.

Your landlord can apply for an accelerated possession order if you have not left by the date specified in your Section 21 notice and they are not claiming rent arrears. This is sometimes quicker than applying for a standard possession order and there’s usually no court hearing. It costs £355. 

If you are a fixed-term tenant, you cannot be evicted until their tenancy ends.

You will have 14 days to challenge the application, from the date they receive it.

A judge will decide either to:

• issue a possession order that states you must leave the property (this is normally the case)
  
  

• have a court hearing (this usually only happens if the paperwork is not in order or you raise an important issue)
  
  

Even if there’s a hearing, the court can still decide to issue a possession order.

If you can demonstrate an exceptionally difficult situation the judge may give you up to 6 weeks to leave.

If you are facing eviction, you should get urgent help from a specialist housing and or debt adviser to run through your options. Your actions are important to prevent being considered as intentionally homeless by your local authority.

The government's standard breathing space scheme will not pause the eviction process but it can prevent a rent arrears debt from being pursued during the breathing space. Only a qualified debt adviser can add you to this scheme.

Money Advice Hub

If you are a London & Quadrant Housing Trust Tenant and have been referred to us through the Pound Advice Service, we are funded to provide you with housing and debt advice combined. Please use out contacts page to get in touch.

King's Lynn and West Norfolk Residents

If you are a King's Lynn and West Norfolk Resident, the Borough Council commissioned Money Advice Hub to provide debt advice and income maximisation advice and Shelter to provide housing advice. If you need help with financial difficulties and need to consider the government's breathing space scheme's, please visit our contacts page to get in touch. If your contact is urgent, please email us at help@moneyadvicehub.email and add URGENT to the email subject. If you need housing advice, you must contact Shelter.

Other Advice Agencies

You can search for a local adviser by using the free online Advice Local Tool.

If you are near a local Law Centre, you may be able to get help there. Law Centres can usually provide advice under legal aid if you are eligible.

You can also use the government's 'Find a Solicitor' online tool to find a housing solicitor, if you qualify for legal aid you need to check that the solicitor works under legal aid.

Local Authority Homelessness Prevention Team

You must contact your local authority homelessness prevention team when you receive a section 21 notice. You will be assessed by your local authority to check whether they have a duty to rehouse you or offer temporary accommodation.

You can find your local authority here.