Can Landlords Still Serve a Valid Section 21 Notice in England?

As a landlord navigating the rental market in England, you’re likely wondering: Can I still serve a Section 21 “no‑fault” eviction notice? The short answer is yes – for now – but the legal ground is shifting beneath your feet. Here’s what’s happening locally and what you need to know.

 

Yes, It’s Still Possible—For the Time Being

Landlords can still serve a valid Section 21 notice, but only if the strict requirements are met. The renters rights bill’ and then are aiming to abolish these no‑fault evictions hasn’t yet become law. That means until the reforms come into effect, Section 21 remains in force.

 

Legal Requirements for a Valid Section 21 Notice in England

Even though the notice is still legal, it must comply with various legal obligations – otherwise, it could be invalid:

  • Correct Form: Use the prescribed Form 6A, until the bill comes into affect.
  • Timing: A Section 21 notice cannot be served during the first four months of the tenancy (for tenancies from October 2015 onward).
  • Notice Period: It must provide at least two months’ notice—or match the rental frequency if rent is paid less frequently.
  • Deposit Protection: The tenant’s deposit must have been protected in a government‑approved scheme within 30 days, and prescriptive information provided.
  • Mandatory Documents: At the start of the tenancy, the landlord must supply the tenant with:
    • A Gas Safety Certificate
    • A valid Energy Performance Certificate (EPC)
    • The most recent “How to Rent” guide
  • Licensing and Improvement Notices:
    • If the property requires an HMO licence and does not have one, a Section 21 is invalid.
    • If the local council has issued an improvement notice, or if the eviction seems retaliatory, Section 21 may not stand.
  • Court Proceedings Deadline: If a Section 21 notice is served, landlords must start court proceedings within six months, or sooner under exceptional legislation timeframes.

 

What’s Changing: The Renters’ Rights Bill and Beyond

Reform is on the horizon. The Renters’ Rights Bill, introduced in September 2024, aims to abolish Section 21 evictions, replacing them with a more structured system requiring valid reasons (via Section 8) for possession.

  • The Bill is expected to pass by late 2025 and be enforced in stages, potentially rolling out in early 2026.
  • A speculative implementation date often cited is 1 April 2026—if this holds, the last day to serve a valid Section 21 would likely be 31 March 2026.

Final Thoughts — For Landlords Across England

Yes, you can still serve a valid Section 21 eviction notice—but only if you dot every legal i and cross every t. With the Renters’ Rights Bill just around the corner, it’s vital to plan ahead. If you serve a notice now, act fast. After reform kicks in, Section 21 will be gone—and landlords will be relying entirely on Section 8 with specific grounds for possession.