Eviction Notice Basics

A Section 21 notice was a no-fault eviction notice under Section 21 of the Housing Act 1988. It allowed a landlord to reclaim possession of a property without giving a specific reason. It could only be used for Assured Shorthold Tenancies.

For a Section 21 notice served before 1 May 2026 to be valid, the landlord had to have:

• Protected your deposit in a government-approved scheme within 30 days and provided prescribed information
• Given you a copy of the government's current "How to Rent" guide
• Given you a valid Energy Performance Certificate (EPC) rating E or above
• Given you a copy of the latest gas safety record (if there is gas in the property) before or with the notice
• Used Form 6A — the prescribed form — for any tenancy starting after 1 October 2015
• Given at least 2 months' notice

A Section 21 notice could only be relied on if the landlord asked the court to issue the possession claim within the applicable period — generally six months from when the notice was given (for some periodic-tenancy notices, four months from the date specified in the notice), or until 31 July 2026 if that was earlier. Section 21 was abolished by the Renters' Rights Act 2025 on 1 May 2026 — no new Section 21 notice can be served. A notice served before then can only still be relied on if the landlord asked the court to issue the claim within the applicable period (31 July 2026 at the latest); if they did, the case continues until the proceedings have concluded. The test is when the landlord asked the court to issue the claim, not the date the court issued it, so a claim form issued a few days after 31 July may still be in time — check with the court or get advice.

A Section 8 notice is served when the landlord has specific legal grounds to repossess. The notice must specify which ground(s) are being relied upon. Grounds are listed in Schedule 2 of the Housing Act 1988 and are either mandatory (the court must grant possession if the ground is proved) or discretionary (the court has discretion even if the ground is proved).

The most commonly used grounds are:

• Ground 8: Mandatory — at least 3 months' rent arrears (13 weeks' if rent is paid weekly or fortnightly) at the time of notice and at the hearing, for private tenancies in England since 1 May 2026. Four weeks' notice required.
• Ground 10: Discretionary — some arrears of rent. Four weeks' notice required.
• Ground 14: Discretionary — nuisance or antisocial behaviour. The date in the notice can be the date it is served, so proceedings can start straight away.
• Ground 1: The landlord or a family member moving in. Four months' notice required.

For notices served before 1 May 2026, and for housing association assured tenancies, Ground 8 needs at least 2 months' arrears (8 weeks' if rent is paid weekly or fortnightly) and the notice period for Grounds 8, 10 and 11 was two weeks (and still is for housing association assured tenancies).

Many eviction notices are defective and can be challenged. Common reasons a Section 21 notice served before 1 May 2026 was invalid include:

• Deposit not protected or prescribed information not provided
• How to Rent guide not provided (or an outdated version provided)
• No copy of the latest gas safety record given to you before or with the notice
• EPC not provided or property has an EPC below E (unless an exemption is registered)
• Incorrect form used, or prescribed form not completed correctly
• Notice served within the first 4 months of the tenancy
• Notice period less than 2 months

If you believe a notice is invalid, do not simply ignore it. Seek advice from Shelter or Citizens Advice immediately. You can raise the validity issues in any subsequent court possession proceedings.

If you do not leave after the notice expires, the landlord must apply to the county court for a possession order. The court process provides you with further opportunities to challenge the eviction:

• You will receive a court summons with a hearing date. Attend the hearing.
• Section 21 claims (no new ones can be started now) used the accelerated possession procedure — there may not be a hearing if you do not dispute a claim that is still continuing.
• For Section 8 claims, there will typically be a hearing at which you can defend the claim and raise any counterclaims (such as disrepair).
• Even after a possession order is granted, the landlord cannot evict you without also obtaining a bailiff's warrant.
• Courts can delay execution of warrants in some circumstances.

If you are at risk of homelessness, apply to your local council for housing assistance as soon as you receive a notice. You do not need to wait until you are evicted.