If you’ve been issued a Section 21 notice, you might feel overwhelmed and unsure what to do next. We’ll explain what a Section 21 notice is, how to check its validity, your rights as a tenant and where to find more support.
A Section 21 notice is also called a ‘no-fault’ eviction notice. Landlords can use it to end your tenancy without a specific reason, as long as they follow the right legal process. It’s often used when a landlord wants to regain possession of their property. This could be to move back in themselves, sell it or to make significant changes.
Receiving a Section 21 notice does not mean you need to leave immediately. Your landlord must apply for and receive a court order before you can be evicted. You have the right to stay in the property until a court rules otherwise.
For a Section 21 notice to be valid, landlords must follow certain rules and processes. If they don’t, the notice is not legally enforceable.
A Section 21 notice is invalid if:
Always review a notice carefully to check it’s valid. If you think your notice is invalid, get expert advice as soon as possible. If you’re at risk of homelessness, our Skylight centres can help. You can find out more at the end of the page.
You should take action immediately after receiving a Section 21 notice.
1. Check that the notice is valid
Make sure the notice meets legal requirements and double-check the dates. If you’re not sure, get an expert opinion.
2. Speak to the council
Notify your local council Housing Options service as soon as you receive a Section 21 notice. They may be able to help you stay in your home or find you somewhere else to live.
3. Get expert advice and consider your options
Get in touch with an expert to help you decide what to do next. A solicitor or a housing advisor can guide you through your rights and the options available.
If you’re at risk of homelessness, Legal Aid could cover the costs of any legal advice. You can also speak to Citizens Advice for further help and information on support with legal fees.
4. Document everything
Keep a record of all emails, texts, calls and letters from your landlord. You may need these as evidence later if you choose to challenge the decision.
5. Search for alternative housing options
If you can no longer stay in your current home, it’s important that you find somewhere else to stay. Your local council may be able to help.
You can also visit one of our Skylight centres for guidance and support. We can provide expert advice on challenging your notice or help you find alternative housing.
After receiving a Section 21 notice, you have a right to stay in the property until a court orders your eviction. If this happens, you will be sent an 'outright possession order' from the court. This will tell you the date you need to leave by. Usually this will be at least 14 days after the date of the order.
While you are still living at the property you have a right to be protected from illegal eviction or harassment by your landlord. Your landlord will also remain responsible for all essential repairs and maintenance to the property. And they are required to carry these out in a timely manner.
Your landlord can’t force you out of your home or change the locks without a court order. If you feel pressured or threatened, contact the police or a housing advisor for help.
After serving a Section 21 notice, your landlord must apply to the court for a possession order.
The process usually takes around nine weeks and it involves several steps. The case must be reviewed by the court and then presented at a formal hearing. During this process, the court will assess whether the Section 21 notice is valid and if the landlord has followed the correct legal steps.
After a possession order has been granted, you will usually be given 14 days to leave. If you haven’t left by this date the landlord can request a warrant for eviction, allowing bailiffs to remove you from the property.
You don’t have to face this alone, we’re here to help.
Our Skylight centres can provide emotional and practical support to help you through this uncertain time. We’ll help you find alternative housing and can offer advice about your rights, accessing benefits and financial aid. If it’s something our team can’t help with, we’ll refer you to someone who can.