Understanding Section 21 'No Fault' Evictions

A **Section 21 notice** (often called a 'no-fault' eviction) is the legal process a private landlord in England must use to regain possession of their property when your tenancy agreement ends. Under current rules, they do not need to give a reason for wanting you to leave.

However, receiving a Section 21 notice **does not mean you have to pack your bags and leave immediately**. It is simply the start of a legal process, and your landlord cannot force you to move out without a court order.

Landlords must follow strict legal procedures for a Section 21 notice to be valid. If they make even a single mistake, the notice is completely void, and they will have to start the process all over again.

Your Section 21 notice is **invalid** if:

• **It is not on Form 6A:** Landlords must use the official government Form 6A.
• **You were given less than 2 months' notice:** The notice period must be at least two full calendar months.
• **Your deposit wasn't protected:** Your landlord must have placed your tenancy deposit into a government-approved protection scheme within 30 days of receiving it, and provided you with the 'prescribed information.'
• **You didn't receive the mandatory documents:** Before your tenancy started, your landlord must have given you a current Gas Safety Certificate, an Energy Performance Certificate (EPC), and the government's 'How to Rent' guide.
• **It is a retaliatory eviction:** If you reported a repair issue to the council, and they issued an improvement notice, the landlord cannot evict you using Section 21 for 6 months.

When the date on your Section 21 notice passes, your tenancy does not automatically end, and you are not legally required to leave on that exact day.

If you remain in the property, the landlord must apply to the county court for a **Possession Order**. This process takes several weeks or months. Only an official County Court Bailiff has the legal power to physically evict you. If your landlord changes the locks, cuts off utilities, or threatens you to force you out, they are committing a **serious criminal offence** (illegal eviction).

If you receive a Section 21 notice:

1. **Do not panic:** You have time to figure out your next moves.
2. **Verify the dates and documents:** Go through our validity checklist to see if the notice holds up legally.
3. **Keep paying your rent:** Stopping rent payments will create rent arrears, which gives your landlord separate grounds to evict you under a Section 8 notice.
4. **Contact your local council:** If you are at risk of homelessness within 56 days, the council has a legal duty to help you secure alternative housing.