You have been served an eviction notice: what to do next

Receiving an eviction notice can be frightening and confusing. But receiving a notice does not mean you have to leave immediately, and you have rights throughout the process. Here is what to do if you have been served an eviction notice.

Section 21 update: From 1 May 2026 the Renters' Rights Act abolished Section 21 "no-fault" evictions in England. A landlord can no longer start a new Section 21 eviction. If you were given a Section 21 notice before that date, the steps below may still apply, so get advice straight away.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

First: stay calm and do not leave immediately

Receiving a Section 21 or Section 8 notice does not mean you have to leave the property on the date the notice expires. Your landlord cannot remove you without a court order. You have time to understand your situation, get advice, and respond.

What type of notice have you received?

Section 21 notice This is a "no-fault" notice. Your landlord does not have to give a reason. You are entitled to at least two months' notice. However, a Section 21 notice is only valid if certain conditions are met. There are several grounds on which a Section 21 notice can be invalid, for example, if your deposit is not protected, if the correct documentation was not served, or if the notice is in the wrong form.

Section 8 notice This notice is used when the landlord has specific legal grounds, such as rent arrears, breach of the tenancy agreement, or other specified grounds. The notice period varies depending on the ground used.

Is the notice valid?

Both Section 21 and Section 8 notices must meet specific requirements to be valid. Check:

• Is the notice in the correct form?
• Has the correct notice period been given?
• Were your deposit and the associated documentation properly dealt with? (Section 21)
• Is the property licensed, if required, for example, as an HMO? (Section 21)
• Did you receive a gas safety certificate and an Energy Performance Certificate at the start of the tenancy? (Section 21)
• Was the How to Rent guide provided at the start? (Section 21)

If any of these requirements were not met, the notice may be invalid and your landlord would need to start the process again.

What happens after the notice expires?

If you do not leave when the notice period expires, your landlord must apply to court for a possession order. They cannot force you out themselves. This gives you further time, the court process takes weeks or months depending on the type of case.

During court proceedings, you can raise any defences or challenges to the claim.

Should I contact the council?

Yes, if you are at risk of homelessness, contact your local council's housing team as soon as possible. Councils have a duty to help people who are threatened with homelessness within 56 days. Being proactive gives the council more time to help you.

What should I do now?

1. Do not leave the property unless you want to, your landlord cannot force you out without a court order
2. Seek legal advice as soon as possible, there may be grounds to challenge the notice
3. Contact your council's housing team if you are concerned about where you will live
4. Gather documents, tenancy agreement, deposit certificate, communications from your landlord
5. Contact the council's environmental health team if there is also disrepair in the property

When should I contact Support for Tenants?

We handle housing disrepair claims. If you have been served an eviction notice and your home is also in disrepair, these issues are often connected and both may be relevant. Call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Housing Act 1996 (legislation.gov.uk)