Section 21 notices for assured shorthold tenancies

A landlord can end an assured shorthold tenancy without having a reason or ground for possession by serving a valid section 21 notice in writing on the tenant.[1]

The landlord must then:

• issue a court claim for a possession order

• obtain a possession order

• apply for a warrant to allow bailiffs to evict the tenant

The tenant might have a defence to the proceedings if the notice is invalid. A notice is invalid if it has not been served correctly, or if the landlord has not complied with other requirements.

Find out more about what makes a section 21 notice invalid.

Section 21 notices in the private rented sector

A landlord cannot serve a section 21 notice on an assured tenant. Most assured shorthold tenancies in the private rented sector will become assured tenancies automatically on 1 May 2026.

A tenancy will remain an assured shorthold tenancy where before 1 May 2026, the landlord has served either:[2]

• a valid section 21 notice

• a valid section 8 notice

The landlord can continue possession claims on a valid section 21 or section 8 notice.

Find out more about time limits for section 21 notices.

Section 21 notices in the social rented sector

A social landlord can serve a section 21 notice on an assured shorthold tenant. Section 21 notices are due to be abolished in the social rented sector from 2027.

Section 8 notices for assured and assured shorthold tenancies

A landlord can serve a section 8 notice on an assured or assured shorthold tenant if there are grounds for possession.

Find out more about section 8 notices.

A landlord cannot usually serve a section 21 notice within the first four months of the original tenancy.[3] This includes tenancies that start with a fixed term or as a periodic tenancy.

A section 21 notice served by a private landlord on or after 1 May 2026 is not valid.

The landlord must use the prescribed form 6A to serve a section 21 notice. A version of form 6A and guidance notes are on Gov.uk.

The landlord can also use a form substantially to the same effect which contains all the same information.[4]

The standard minimum notice period for a section 21 notice is two months. In some cases, the notice may need to be longer.

Notice served during a fixed term or statutory periodic tenancy

A landlord can use a section 21 notice for fixed term and statutory periodic tenancies. A statutory periodic tenancy arises automatically when a fixed term assured shorthold tenancy ends other than by a court order or a surrender.[5]

The landlord must give at least two months' notice.[6]

The landlord can end a fixed term tenancy early if there is a break clause allowing them to do so. A section 21 notice can be used to activate a break clause without a separate notice.[7] A landlord cannot start possession proceedings until the fixed term of the tenancy has ended. [8]

A section 21 notice served during a fixed term remains valid in a subsequent statutory periodic tenancy.[9] If the notice expires before the last day of the fixed term, it is likely that it is invalid.

Find out more about break clauses.

Notice served during a contractual periodic tenancy

A landlord can use a section 21 notice where a tenancy is contractual periodic from the start. This notice must:[10]

• give at least two months' notice, or notice equal to the length of the period of the tenancy, whichever is longer

• state that possession is required under section 21 of the Housing Act 1988 (the prescribed Form 6A satisfies this requirement)

Where the contractual period of the tenancy is longer than two months, the section 21 notice period must be for at least a full period of the tenancy. It may specify any date on or after the earliest day a notice to quit could take effect. For example the minimum notice period must be at least:[11]

• 3 months for a quarterly tenancy

• 6 months for a six monthly tenancy

• 6 months for a yearly tenancy

It is likely that these requirements also apply when a contractual periodic tenancy arises following an initial fixed term.

Where a contractual periodic AST started before 1 October 2015 it was a requirement that the notice expired on the last day of a period of the tenancy. This requirement ceased to apply on 1 October 2018.[12]

Temporary extension of notice periods due to COVID-19

Due to COVID-19, the notice period was extended between 26 March 2020 and 30 September 2021.[13]

Find out more on coronavirus (COVID-19) and housing.

A landlord is not required to serve a section 21 notice in any specific way. If the tenant does not acknowledge service, a landlord must prove that the notice was served.

The section 21 notice must be served by the tenant's immediate landlord or their agent.[14]

It is unclear if a notice served by email is valid. It is likely that a notice can be served by email where the tenant has agreed to accept notices by email or where the tenant accepts that they received the email with notice.

Section 196 of the Law of Property Act 1925 allows for valid service of the notice to be made by registered post or recorded delivery, or personal delivery to the tenant's property, but only when the tenancy agreement explicitly states that service will be effective where it is done in accordance with section 196. Alternatively, service can be made by other methods specified in the tenancy agreement. [15]

Joint tenancies

In the case of a joint tenancy, the common law position is that a valid section 21 notice must contain the names of all joint tenants and be served on at least one of them.

The tenant is all of the persons who share the joint and several liability, and the tenant is correctly named by inclusion of all of those names.[16]

After serving a valid notice, the landlord must:

• issue a court claim for a possession order

• obtain a possession order

• apply for a warrant to allow bailiffs to evict the tenant

The tenant might have a defence to the proceedings if the notice is invalid. A notice is invalid if it has not been served correctly, or if the landlord has not complied with other requirements.

If there are grounds for possession, a landlord could serve a section 8 notice.

A private landlord must begin possession proceedings by 31 July 2026 at the latest.

Find out more about the section 21 possession process and what makes a section 21 notice invalid on Shelter Legal.

A landlord who is a private registered provider of social housing must give certain assured shorthold tenants a notice of non-renewal before serving a section 21 notice.

The notice of non renewal must be provided to assured shorthold tenancies granted on or after 1 April 2012 for a minimum fixed term of two years.[17]

Notice requirements

A notice of non-renewal must:[18]

• be in writing

• give at least six months' notice

• state that the landlord does not intend to grant a further tenancy

• inform the tenant how to obtain help or advice on the notice

Break clauses

If the tenancy agreement contains a valid break clause and the landlord uses it to end the tenancy during the fixed term period, a notice of non-renewal is not required.[19]

If the tenancy agreement does not contain a break clause, the landlord must serve the notice of non-renewal during the fixed term and wait until the termination of the fixed term before starting possession proceedings following a section 21 notice.

Find out more about using break clauses in fixed term tenancies.

Defences to a notice of non-renewal

A tenant has no statutory right of review of the landlord's decision not to renew the tenancy.

The tenancy might have a defence to a claim for possession based on the section 21 notice on public law or human rights grounds.

Where a tenancy ends as a result of the service of a section 21 notice before the end of a rental period and the tenant paid rent in advance for that period, the tenant is entitled to a repayment of rent for the period they were not in occupation.[20] This applies to assured shorthold tenancies granted on or after 1 October 2015.

This includes when the tenant leaves on the day specified in the section 21 notice.

How to calculate the repayment amount

The formula for calculating the repayment amount is R × D ÷ P, where:

• R is the rent paid for the final period

• D is the number of whole days of the final period when the tenant was not in occupation of the property

• P is the number of whole days in the final period