Section 21 notice: how to check if it is valid

A Section 21 notice does not automatically mean you leave. The notice had to meet several legal rules, and missing any one may make it invalid, so the landlord cannot evict on it.

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?

Any deposit had to go into a government-approved scheme within 30 days, with the scheme's prescribed information given to you. If not, the notice may be invalid.

Check the three main schemes: Deposit Protection Service, MyDeposits, and Tenancy Deposit Scheme. Their websites show 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:

• The government's "How to Rent" guide, the version current at the start of your tenancy
• A valid gas safety certificate, where the home has gas
• An Energy Performance Certificate (EPC)

Missing any of these before service, and the notice may be invalid.

Check 3: Is the notice in the correct form?

The notice had to be on Form 6A. A different form, or missing information, may make it invalid. Check that it:

• Sits on the Form 6A prescribed form
• Carries the landlord's or agent's signature
• Gives the property's correct address

Check 4: Is the notice too early?

No Section 21 could be served in a tenancy's first four months. A notice arriving earlier may be invalid.

Check 5: Is the required notice period correct?

The notice had to give at least two months. The leave-by date also had to land on or after the last day of a rental period, for weekly and monthly rents alike.

A date out of step with your rental period may sink the notice.

Check 6: Has the notice expired?

A notice only lived six months: the landlord had to start court proceedings within six months of serving it. Longer than that with no court application, and it expired. And with Section 21 now abolished, no new one can follow.

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

Did you complain to the council about conditions, or did the council serve an improvement notice, in the six months before the Section 21? Then the notice may be a "retaliatory eviction", and invalid.

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

Check 8: Has your landlord licensed the property correctly?

Some areas require landlords to hold a licence. A landlord who needed one and had none may hold an invalid notice. Ask the council whether your area runs selective or additional licensing.

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

Do not just ignore the notice. A landlord who applies to court against your silence may win a possession order anyway.

Write to the landlord, keep a copy, and name the rule you believe they broke. In court, the invalidity becomes your defence.

Get advice fast: Citizens Advice, a local housing charity, or a housing solicitor. Early action means more options.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims, a separate matter from Section 21. Serious disrepair, plus a Section 21 that smells of payback for complaining? Speak to a housing solicitor about both.

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)