Section 21 Notice (Form 6A) – for England

This is only for use in England (not including Wales). In a tenancy situation, you have several documents you might need to use. The Section 21 Notice to Quit comes in the form set by the government and called form 6A.

What is the Section 21 Process?

When a landlord or tenant of a residential property wishes to end the tenancy, important steps must be followed properly, because there is a strict legal procedure in place. A tenancy agreement has a start and end date, but a tenant can assume that they can create another agreement with the landlord if they do not receive a Section 21 Notice to Quit. Likewise, the landlord may assume the tenant wishes to stay for another term, especially if they have not moved out at the end date.

The Housing Act of 1998 states that a landlord can provide this Section 21 Notice to Quit to any tenant to recover possession of the property. The landlord does not need to provide a reason for the Section 21 Notice to Quit. A Section 21 Notice to Quit cannot be used:

• for an eviction before the end of an initial fixed term; or
• to end the initial fixed term early.

Use a section 8 notice for that purpose if the residential tenant has breached the tenancy, e.g. by a failure to pay rent.

Using the UK government Section 21 Notice to Quit

The basic purpose of the Notice to Quit is the clear intention to have no desire to continue with the current agreement or sign a new one, once the tenancy agreement end date is up. All landlords who wish to quit a lease must present the Notice to Quit. A failure to do so could become a legal concern in the courts. The landlord must write and serve the document at the appropriate time. So verbal communication is legally invalid: the notice must be in writing.

The landlord must give the tenant at least 2 months’ notice.

How do I find a Form 6A?

Here is the link to the free UK government Form 6A. Simply click on this link and download the Section 21 Notice to your computer. You can download the document to your computer, save it and reuse it at any time. No payment is necessary. Disclaimer: as this is not a Legalo form and we are not selling a document to you, so we offer:

• no advice to you on it; and
• no warranty as to its suitability and use.

FAQs on Section 21 Notices

Below we have answered the most popular questions from the Internet on Section 21 Notices.

Are section 21 notices being banned?

Both Conservative and Labour have agreed that no-fault evictions (also known as a ‘Section 21’ evictions given their legal basis in the 1988 Housing Act) need to go and the Tory the Government pledged to end this power in 2019. The Renters (Reform) Bill 2023 was in Parliament but since the announcement of the 2024 General election, it has been scrapped, so it is now unclear how and when a new Government will tackle the reform of section 21. If you are keen to read more about this then here is a great news article from May 2024 from the NRLA: https://www.nrla.org.uk/news/renters-reform-scraphead-next-landlords

How will landlords evict tenants once section 21 is abolished?

If and when Section 21 is eventually abolished, the landlords will have to use the section 8 process instead. The section 8 process sets out a series of acceptable reasons for an eviction. If the reason for the eviction is not on that list, then the landlord cannot evict. There is more on this below.

On what grounds can a landlord evict a tenant in the UK?

The section 21 process is a “no fault” process, so the landlord does not need any grounds for the eviction. The alternative process is the section 8 one, under which the landlord does need a proper reason to evict. Under section 8 examples of good reasons are:

• repossession by the lender because of arrears of mortgage payments by the landlord;
• if the property is uninhabitable or in need of for substantial repairs (that cannot feasibly be made with the tenant living there);
• if the landlord wants to redevelopment the property (e.g. for a change of use);
• for false statements made by the tenant when they applied for the property;
• the tenant has not paid the rent (8 weeks or more of arrears) or regularly pays rent late;
• the tenant is engaging in anti-social behaviour;
• other breaches by the tenant of the terms of the tenancy agreement, such as breaking a ban on pets or a smoking ban, unauthorised sub-letting or damaging the property (more than fair wear and tear); or
• there is a ‘break clause’ in the tenancy agreement. This allows the landlord to take back the property before the end of the fixed term. This is fairly rare.

What is a section 21 notice?

The section 21 notice is the landlord’s notice to the tenant that they must leave the property. It is just the first step in eviction proceedings if the tenant does not leave at that point.

How long does it take to evict a tenant under section 21?

There is a minimum notice period of 2 months for a section 21 eviction notice. The landlord can then take the tenant to court. The court steps can take several months. Eventually the landlord can have bailiffs evict the tenant. The bailiffs must give the tenant at least 2 weeks’ notice of the eviction date.

Can a tenant ignore a section 21 notice? Can a tenant stay after giving notice?

If the 2 months’ notice of the section 21 notice has expired, then the landlord can apply to court for an order for eviction (an order for possession). Once the court order has been granted, which will be several months later, then the court gives 14 days’ notice for the tenant to move out. Once that short period has expired, then the landlord can apply to court a second time. This time it is for a warrant for possession. Expect this stage to take 5 to 10 weeks. Once that warrant has been granted, then the landlord can pay a bailiff to take possession. The bailiff will give the tenant at least 2 weeks’ notice of the date of possession. The tenant cannot stay after the bailiff takes possession.

So you can see the whole process can take quite a long time and, of course, the landlord is losing rent throughout the whole period.

How much does a section 21 cost?

In terms of just the notice itself, you can draft and serve it yourself for free using the government’s Form 6A. A solicitor will charge you around £400 plus VAT to do the same.

What invalidates a section 21 notice?

Before serving a section 21 notice, the landlord must serve the section 21 correctly, must use the correct Form 6A, must have followed the tenancy deposit rules, must have provided an energy performance certificate (EPC) and gas safety certificate. So in summary, you cannot serve a section 21 notice at all:

• if the landlord has failed to give the tenant (a) the energy performance certificate (EPC), (b) the gas safety certificate or (c) the government’s “How to Rent Guide”;
• if the landlord doesn’t have the necessary licences (e.g. for areas in a Selective Licensing area; an HMO licence; landlord registration in Scotland, N. Ireland and Wales);
• when the landlord hasn’t complied with the rules on putting the tenant’s deposit in an approved deposit protection scheme; or
• during the first 4 months of the initial 6-month term of an assured shorthold tenancy agreement.

Who pays court fees for eviction?

Normally, the landlord pays their court costs and legal fees for the eviction process. However, sometimes a tenant is ordered by the court to pay some of the costs. This can be when there is a clause in the tenancy agreement stating that the tenant must pay the court costs of an eviction. Of course, there is still the problem in getting the tenant to pay and they might have no money and little income.

How much do bailiffs cost to evict a tenant in the UK?

Including solicitor’s fees and court fees, a typical cost for the final eviction step of having bailiffs evict the tenant is £360 – £400 if using a county court bailiff or £1,300 – £1,400 if using the High Court enforcement officers (formerly called the High Court sheriff), depending on the type of eviction and location.

Do long-term private tenants have more rights?

After 10 years of occupying the same private residential premises, tenants do acquire more rights:

• increased security of tenure;
• stricter rules on rent increases;
• succession for spouse or partner should the original tenant die;
• to obtain a fair rent determination;
• avoiding discrimination due to the length of tenancy;
• to make alterations;
• to sublet or take in lodgers;
• to refuse entry for viewings;
• to remain after sale of the property;
• for the landlord to inform them of the property sale; and
• to view the sale contract.