Tenancy & deposits
What is a section 21 notice?
A section 21 notice is the no-fault notice a landlord can use to seek possession of an assured shorthold tenancy in England. Its validity depends on several compliance requirements having been met first.
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<img src="https://propertyoptix.co.uk/glossary/section-21/diagram.svg" alt="section 21 notice — diagram from PropertyOptix" width="880" height="620" loading="lazy">
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<a href="https://propertyoptix.co.uk/glossary/section-21">What is a section 21 notice?</a> — diagram by
<a href="https://propertyoptix.co.uk">PropertyOptix</a>
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</figure>It is the point at which the rest of the compliance regime becomes visible. Deposit protection, the gas safety record, the EICR, the EPC, the How to Rent guide and licensing all bear on whether a notice is valid, and a failure months earlier surfaces here.
It is also procedurally exacting. The prescribed form, the timing relative to the tenancy, and the method of service all matter, and a notice that fails on any of them has to be served again with the clock restarted.
Reform has been proposed repeatedly and the position has changed and continues to change. Anyone relying on this route needs current advice rather than a remembered position.
What goes wrong in practice
- Served without checking that every prerequisite document was given and evidenced.
- The wrong prescribed form used after a change.
- Service method not evidenced, so the date of service cannot be proved.
- Served on a property that required a licence it did not have.