Section 21 eviction
The Renters' Rights Act will change rights for most private renters.
Find out about:
the main changes
when changes could start
Tenants' rights after a section 21
Your landlord can apply to court to evict you after a section 21 notice ends. This starts the next stage in the eviction process. But your tenancy continues until you either:
end your tenancy by agreement
give notice to end your tenancy
The full eviction process can take several months.
Most private tenancies end through agreement with the landlord rather than eviction.
Make sure your landlord knows that you will be staying after the notice ends.
Your rights after a section 21
You have the right to live in your property undisturbed even if:
your landlord starts court action
If your tenancy agreement says you should let future tenants in for viewings, the landlord or agent can only enter your home with your permission and at a reasonable time.
Your landlord's repair responsibilities continue until the tenancy ends.
Ending your tenancy legally
Make sure you end your tenancy legally if you're willing to move out.
Write to your landlord by post or email. Be clear about when you want the tenancy to end.
You're responsible for rent until the tenancy ends, even if you move out earlier.
Your landlord should be flexible if they want you to leave without court action.
Agreeing to end the tenancy
Ending the tenancy by agreement is sometimes called a 'mutual surrender'.
Although a tenancy surrender can save you court costs it is unlikely to be a good option until you have found somewhere else to live.
Be careful if you're asked to sign a:
deed of surrender
express surrender
Only sign a document like this if you have somewhere to move to and can leave on the agreed date.
Giving notice to your landlord
If you cannot agree on a tenancy end date, you can end your tenancy by giving notice.
Your landlord can evict you without a court order if you give them a valid notice.
Only give notice under a break clause or notice to quit if you're sure you can leave by the date in the notice.
If you owe rent
You do not have to move out straight away even if you have rent arrears.
Your landlord should not pressure you to leave. This could be harassment.
Read our guides to:
Both have letter templates to help you set out your rights and talk about missed payments.
Your landlord might not go to court to evict you if you can make a repayment plan.
If you cannot pay your rent
It might not be possible to stay in the longer term if you cannot afford your rent anymore. For example, because of:
a rent increase
losing your job
splitting up with a partner
You could get benefits to help with rent while you still live there.
Look for somewhere cheaper to rent. You can ask the council for help with this.
If you cannot find anywhere else to rent
Do not move out if you have nowhere else to move to.
It's usually better to stay where you are until you've found somewhere new to live.
Moving in with family or friends
Check how long you can stay with family or friends before giving up your tenancy.
The council could decide you are intentionally homeless if you give up your tenancy and then need homeless help later on.
If your landlord starts court action
Your landlord can start court action once the date on the section 21 notice has passed.
Ask your landlord to delay court action if you're looking for somewhere else to live.
If the section 21 is not valid you can challenge the eviction in court. If the judge dismisses the case you can stay in your home and will not have to pay court costs.
Your landlord might serve a new notice to start the process again.
Who pays the costs of eviction?
If the court makes any type of order, you usually have to pay:
your landlord's court fees
some or all of their legal costs
You might have to pay at least £666 if you are evicted by bailiffs. But you can pay your landlord back over time.
Ask your council for help with court costs if they say you must stay until the bailiffs come.
Last updated: 21 July 2025
