How to Serve a Section 21 Notice (and Why It's Ending)

# How to Serve a Section 21 Notice (and Why It is Ending)

Section 21 of the Housing Act 1988 has been the workhorse of landlord possession for 35 years. It lets you regain your property after the fixed term without giving a reason, provided every compliance box is ticked. The Renters'' Rights Act 2024 abolishes it. Section 21 has now been abolished, so it can no longer be served for new possession claims — but the courts now reject around 1 in 3 Section 21 claims because of compliance errors.

This guide walks through valid service and the transition to a post-Section 21 world.

When you can serve Section 21

You can serve only if ALL of the following are true:

• The tenancy is an Assured Shorthold Tenancy (AST).
• At least 4 months have passed since the tenancy started.
• The deposit was protected in a government scheme within 30 days of receipt.
• The prescribed information about the deposit was provided.
• A valid gas safety certificate was given to the tenant before they moved in.
• A valid EPC (rating E or above) was given to the tenant before move-in.
• The current "How to Rent" guide was given to the tenant.
• The property is licensed (where required).
• You are not in breach of an Improvement Notice or Emergency Remedial Notice from the council.
• You have not served the notice within 6 months of receiving a council improvement notice (retaliatory eviction protection).

Miss any one of these and the court will dismiss the claim and award costs to the tenant.

The form

Use Form 6A — the current prescribed form available on gov.uk. Do not use older versions. Do not write your own letter. Courts dismiss notices that are not on the prescribed form.

Complete:

• Tenant's full name(s) as on the tenancy agreement.
• Property address (full postal address).
• Date of service.
• Date by which the tenant must leave (at least 2 months after service, expiring on or after the fixed-term end date).
• Landlord's name and address.

Notice period rules

• Minimum 2 months from the date of service.
• Cannot expire before the fixed-term end date.
• For periodic tenancies, the notice period is still 2 months but does not need to align with a rent period.
• If you served the notice on 1 March, the earliest possession date is 1 May.

How to serve

Three valid methods:

1. By hand to the tenant. Get a witness. Photograph the handover if possible.
2. By first-class post to the property. Allow 2 working days deemed service. Get a Certificate of Posting from the post office.
3. By email ONLY if the tenancy agreement explicitly allows service by email. Get a read receipt and screenshot.

Do not rely on text message, WhatsApp, or hand-delivery without witness.

After the notice expires

If the tenant does not leave on the expiry date:

1. Wait 1 day after expiry.
2. Apply to the County Court for a possession order using the Accelerated Possession Procedure (Form N5B).
3. Court fee currently £355.
4. Court typically grants the order within 6–10 weeks on the papers (no hearing needed if compliant).
5. If the tenant still does not leave, apply for a Warrant of Possession (Form N325) to instruct a bailiff. Currently 8–16 weeks delay nationally.

Total realistic timeline from notice to bailiff: 5–9 months.

Why notices fail

The top reasons courts reject Section 21:

1. Deposit not protected within 30 days — fatal even if you later protect it.
2. Prescribed information missing — must include the scheme leaflet.
3. Gas certificate not given before move-in — even if you gave it later.
4. EPC or How to Rent missing — you can sometimes serve these late, but get advice.
5. Notice expires before fixed term ends.
6. Less than 2 months notice given.
7. Property requires a licence but is unlicensed.
8. Notice issued within 6 months of an Improvement Notice.
9. Wrong tenant name (e.g. "John Smith" instead of "Jonathan Smith").
10. Old form used.

The Renters'' Rights Act 2024 — what changes

The Act has received Royal Assent. Commencement is set by the Secretary of State and in force since 1 May 2026.

When Section 21 is abolished:

• All ASTs become periodic — no fixed term, no automatic renewal.
• Tenants can leave with 2 months notice at any time.
• Landlords must use Section 8 with one or more statutory grounds (sale, moving in, serious arrears, anti-social behaviour, etc.).
• New mandatory grounds: 1A (sale), 1B (moving in family), 8 (8+ weeks arrears).
• 12-month protected period at the start of every new tenancy where the landlord cannot use most grounds.
• PRS Ombudsman mandatory membership.
• PRS Database mandatory registration.

Existing Section 21 notices served before commencement will remain valid for their court timeline. But planning a possession around Section 21 today should assume you may need to pivot to Section 8.

What to do now

1. Audit every tenancy. Are deposits protected? Is the gas certificate current? Were the prescribed documents served at move-in?
2. Fix any compliance gaps NOW. You cannot retro-fix a deposit protection failure for a notice you serve next month.
3. Document everything. Save dated emails proving you sent the gas, EPC and How to Rent.
4. Consider whether you have a valid Section 8 ground if Section 21 disappears mid-process.
5. Use a property management platform that auto-checks compliance. Smart Sleep Property flags every gap before a notice is served.

Honest advice

If a tenancy is going badly, do not delay. The combined backlog of court time and bailiff time means a notice served today does not produce vacant possession until late 2026 at the earliest. now that Section 21 has been abolished, the route shortens for serious cases (arrears, anti-social) but lengthens for "no fault" possession.