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Section 21 eviction

What is a section 21 notice?

A section 21 notice starts the legal process to end an assured shorthold tenancy (AST).

Your landlord or agent can give you a section 21 during either a:

  • rolling periodic tenancy

  • fixed term contract if there's a break clause

The notice gives a date for you to leave your home. The date must be at least 2 months after your landlord gives you the notice.

Your tenancy continues if you stay past the date on the notice. Your landlord must apply to court if they still want you to leave.

You do not have to move out straight away, even if you have rent arrears.

It is an illegal eviction if your landlord or agent evicts you without the right notice and a court order. Only court bailiffs can carry out an eviction.

Moving out before the end of a notice

You may want to leave before the end of the notice if you find somewhere else to live.

A section 21 notice means your landlord wants you to leave so they should agree to an earlier move out date.

Agree a tenancy end date with your landlord if you move out before the end of the notice. Keep letters, emails or texts as proof of what is agreed.

Find out more about how you can give notice to end your tenancy.

Staying past the end of a notice

Your tenancy continues if you stay past the date in a section 21 notice until you either:

  • leave the property voluntarily

  • are evicted through the legal process

Your landlord has to apply for a possession order and ask bailiffs to evict you. The legal process can take a few months.

You can get early legal advice if your home is at risk.

Early advice is free no matter what your income is.

Last updated: 6 September 2024

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