Section 21 eviction
The law is changing
The Renters' Rights Act will change eviction rights for private tenants.
Changes start from 1 May 2026.
For now, you can still be evicted with a section 21 notice.
Check a section 21 notice is valid
You could be evicted if the section 21 notice is valid.
You do not have to leave right away. Your landlord must apply to court.
More on staying in your home after a section 21.
Why you should check the notice
Lots of things could mean the notice is not valid.
If the notice is not valid, you can stay in your home.
Your landlord cannot use the notice to evict you.
And from 1 May 2026, they cannot give you a new section 21.
When is the notice not valid?
A section 21 notice is not valid if your landlord:
applies for an eviction order too late
uses the wrong form for the notice
gives you less than 2 months' notice
gives you notice in the first 4 months of your tenancy
breaks other rules for landlords
Your landlord might still ask a court to evict you.
How to challenge a section 21 in court.
Video: 8 reasons a section 21 might not be valid
Video transcript
Section 21 eviction notices are going to be scrapped.
But landlords can still use them for now.
If you’ve had a section 21, here are some things that could make it invalid:
1. It’s on the wrong form
Section 21s must be on form 6A.
2. It’s too early
A section 21 cannot be used in the first 4 months of your tenancy.
Also, it can only be used in a fixed term if you have a break clause in your tenancy.
3. Not enough notice
A section 21 must give you at least 2 months' notice.
4. Your deposit was not properly protected
Your landlord has 30 days to protect your deposit. If they do not, they must return your money to you before giving you a section 21.
5. No paperwork
Before they can give you a section 21, your landlord must give you a How to Rent guide, an energy performance certificate, and a gas safety certificate.
6. Charging banned fees
If your deposit was worth more than 5 weeks’, or you paid admin fees, your money needs to be returned to you before you can be served a section 21.
7. Your property needs to be licensed but it is not
Most large shared houses need to be licensed. In some areas, all rentals need a licence. Unlicensed properties mean no section 21.
8. Your council has taken action over serious health issues in your home
Your landlord cannot use a section 21 for 6 months if your council has given them an improvement notice or an emergency works notice.
Even if your section 21 is valid, you do not have to leave when it expires. Your landlord still has to apply to court, and only court bailiffs can evict you.
Our Shelter adviser explains why a section 21 notice might not be valid.
Is your landlord too late to go to court?
Your landlord cannot start court action more than 6 months after giving you notice.
The last day that any private landlord can apply to court with a section 21 is 31 July 2026.
Some landlords have to apply before this date. It depends when you got the notice.
More on how long an eviction takes.
What form should the notice be on?
Your section 21 notice should be on Form 6A.
It could be valid if it has the same information as the form.
The notice is not valid if your landlord only:
sent a message or email telling you to go
told you to leave in person or on the phone
How much notice should you get?
You should get at least 2 months' notice.
Check the date the notice says you should leave after. This date must be at least 2 months after your landlord gives you the notice.
Sometimes the notice should be longer. For example, you must get at least 3 months' notice if you pay rent every 3 months.
You do not have to leave by the date on the section 21 notice.
Your landlord has to apply to court to end your tenancy if you stay.
Is your deposit protected?
Your landlord has to return your deposit before giving you a section 21 if either:
your deposit is not protected with a scheme
it was protected more than 30 days after your last contract started
If your deposit is protected, your landlord must give you written information about the scheme it is protected with. They must do this before giving you a section 21.
Your notice is not valid if your landlord breaks these rules.
Check your tenancy deposit is protected.
Charged too much deposit or other fees?
Your landlord or agent can only:
take up to 5 weeks' rent as a deposit
charge fees for things like late rent or lost keys
Most tenancy fees were banned from 1 June 2019.
If your tenancy started before this date, most charges were banned from 1 June 2020.
Your landlord must refund your money if they charged too much. The section 21 notice is not valid if you did not get this money back before the notice.
If your agent charged too much, tell the court and take proof of what you paid. A judge can decide if the notice is valid.
Have you had a recent gas safety certificate?
Your landlord cannot usually give you a valid section 21 until they give you the latest gas safety certificate. They can give you both documents at the same time.
Gas safety certificates are valid for a year.
This only applies to tenancies that started or were renewed on or after 1 October 2015.
More on gas safety in rented homes.
Have you had an energy performance certificate (EPC)?
Your landlord cannot usually give you a valid section 21 unless they have given you an EPC. They can give you both documents at the same time.
EPCs last for 10 years. You should have been given one before moving in.
Your section 21 notice can be valid even if the EPC is now out of date. But the EPC should have been valid when you got it.
This only applies to tenancies that started or were renewed on or after 1 October 2015.
Check your home has an EPC on GOV.UK
Have you had a How to Rent guide?
Your landlord cannot usually give you a valid section 21 unless they have given you a copy of the How to rent guide on GOV.UK
They can give you both documents at the same time.
This only applies to tenancies that started or were renewed on or after 1 October 2015.
Does your landlord need a licence?
Your section 21 notice might not be valid if your landlord does not have a licence.
Ask your council's private rented housing team if your home needs a licence.
Your landlord might need a licence from the council if you live in a:
certain area of the town or city
An HMO is a house where you share a kitchen, toilet or bathroom with people who are not part of your family or household.
In some council areas all private landlords need a licence.
Have you complained about repairs?
You might be protected from 'revenge eviction'. This is when you get a section 21 after:
asking for repairs
complaining about bad conditions in your home
You are only protected from a revenge eviction if the council gave your landlord an:
improvement notice
emergency works notice
These notices stop your landlord giving you a valid section 21 for 6 months. It also means that a section 21 given before you complained to the council might not be valid.
You could still be evicted if the council takes no action or less formal action. For example, if the council gives your landlord a hazard awareness notice.
More on revenge eviction.
Last updated: 10 February 2026
