Section 21 notice: how to check if it is valid

If your landlord has given you a Section 21 notice, it does not automatically mean you have to leave. There are several legal requirements a Section 21 notice must meet. If any of them are not met, the notice may be invalid, which means your landlord cannot use it to evict you, at least not without starting again.

Below we run through what to check. It applies to assured shorthold tenancies in England.

Section 21 update: From 1 May 2026 the Renters' Rights Act abolished Section 21 "no-fault" evictions in England, so a landlord can no longer start a new one. These checks still apply to a Section 21 notice you were given before that date, which may still be going through the courts.

Check 1: Is your deposit protected?

If you paid a deposit, your landlord must have protected it in a government-approved scheme within 30 days of receiving it and given you the prescribed information about the scheme. If they did not, a Section 21 notice they give you may be invalid.

Check the three main schemes: Deposit Protection Service, MyDeposits, and Tenancy Deposit Scheme. You can use their websites to check whether your deposit is registered.

Check 2: Have you been given the required documents?

Before serving a Section 21 notice, your landlord must have given you:

• A copy of the government's "How to Rent" guide (the version current at the start of your tenancy, or an updated version when your tenancy renewed)
• A valid gas safety certificate (if the property has gas)
• An Energy Performance Certificate (EPC) for the property

If your landlord did not give you these documents before serving the notice, the Section 21 may be invalid.

Check 3: Is the notice in the correct form?

A Section 21 notice in England must be on Form 6A. If the notice is not on this form, or if it is missing required information, it may be invalid. Check that the notice:

• Uses the Form 6A prescribed form
• Is signed by the landlord or their agent
• Gives the correct address for the property

Check 4: Is the notice too early?

A Section 21 notice cannot be served during the first four months of a tenancy. If your tenancy started less than four months ago when you received the notice, it may be invalid.

Check 5: Is the required notice period correct?

The notice must give you at least two months' notice. The date on which the notice requires you to leave must also be on or after the last day of a rental period (or on the last day of a period if you pay rent weekly or monthly).

If the date given does not align with your rental period correctly, the notice may be invalid.

Check 6: Has the notice expired?

A Section 21 notice is only valid for a limited period. Your landlord must start possession proceedings in court within six months of serving the notice. If more than six months have passed since the notice was served and your landlord has not applied to court, the notice has expired and they must serve a new one.

Check 7: Are there outstanding repair complaints or an improvement notice?

If you made a complaint to the council about the condition of the property, or the council served an improvement notice on your landlord within the last six months, a Section 21 notice served in that period may be a "retaliatory eviction" and could be invalid.

Keep records of any complaints you made and when you made them.

Check 8: Has your landlord licensed the property correctly?

In some areas, landlords must obtain a licence to let their property. If your landlord was required to have a licence and did not, a Section 21 notice may be invalid. Check with your council whether your area has a selective licensing or additional licensing scheme.

What should I do if I think the notice is invalid?

Do not simply ignore the notice. If your landlord applies to court and you do nothing, the court may grant a possession order anyway.

Write to your landlord (keep a copy) explaining which requirement you believe they have not met. If the matter goes to court, you can raise the invalidity as a defence.

Get advice as soon as possible, from Citizens Advice, a local housing charity, or a housing solicitor. Acting early gives you more options.

When should I contact Support for Tenants?

We handle housing disrepair claims, which is a separate matter from Section 21. If your home has serious disrepair and you believe a Section 21 is being used as retaliation for complaining, speak to a housing solicitor about both issues.

For general eviction advice, contact Citizens Advice or Shelter.

Sources

• Section 21, Housing Act 1988 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)
• Section 213, Housing Act 2004 (deposit protection) (legislation.gov.uk)