Section 21 Eviction Notice (Form 6A) Guide – England 2026

Section 21 Summary

If you’re a landlord in England, the rules on evictions are about to change. Section 21 “no-fault” evictions – which let landlords regain possession without proving tenant fault – are being abolished from 1 May 2026. This leaves a short window to use the current process, and it must be done correctly to be valid.

For tenants, this means stronger protection: landlords will need a legal reason to evict, usually through the Section 8 process (for example, rent arrears or breaches of the tenancy).

For landlords, the key takeaway is to act quickly and carefully. Any Section 21 notice must be served by 30 April 2026 and comply with strict legal requirements within the time frame  – even small errors can invalidate it. At the same time, you should prepare for the new system by reviewing agreements and ensuring all documents are up to date.

How to Complete a Section 21 Eviction Notice (Form 6A) in England (2026 Guide)

Editor’s note (April 2026): Section 21 and Form 6A are being phased out from 1 May 2026. This guide explains how to complete a Section 21 notice correctly under the current law. A Section 21 notice (Form 6A) allows landlords in England to regain possession of a property without proving tenant fault. However, strict legal requirements apply, and the process will be abolished in 2026.

• Section 21 of the Housing Act 1988, and with it Form 6A, will be abolished on 1 May 2026 under the Renters’ Rights Act 2025. Landlords who intend to rely on this Section 21 eviction route must act promptly and ensure strict compliance with the statutory requirements.
• Even minor errors can invalidate a Section 21 notice. In many cases, there may not be enough time to correct the issue and complete the Section 21 eviction process before the statutory deadline.
• This guide explains what Form 6A is, when it applies, how to ensure it is valid, and the risks of getting it wrong. It also addresses the impact of the Renters’ Rights Act 2025 and what the shift to the Section 8 eviction process means for landlords going forward.

Key Deadlines Before Section 21 Abolition (2026)

Deadline	What it means
30 April 2026	Last date to serve a valid Section 21 / Form 6A notice
1 May 2026	Section 21 abolished; Renters’  Rights Act 2025 takes effect
31 July 2026	Last date to issue possession proceedings based on a pre-abolition Section 21 notice

What Is a Form 6A (Section 21 Notice)?

Form 6A is the prescribed legal notice that landlords in England must use to recover possession of a residential property under Section 21 of the Housing Act 1988. It is a no-fault notice, meaning the landlord does not need to prove any breach by the tenant.

Form 6A is mandatory. You cannot use an informal letter, a bespoke document, or a template taken from an outdated source. Using the wrong form, or the wrong version of the correct form, will usually render the notice invalid.

The process is technical. Even experienced landlords regularly see claims fail due to avoidable errors. This guide sets out the main requirements, but you should always take legal advice before serving notice.

Form 6A vs Section 8: Understanding the Difference

Form 6A applies only to Section 21 no-fault notices. You do not need to prove any wrongdoing by the tenant.

The Section 8 eviction process is fault-based and requires reliance on a statutory ground for possession under Schedule 2 to the Housing Act 1988. Common grounds include:

• Ground 8 (mandatory): serious rent arrears – from 1 May 2026, this is expected to require at least three months’ rent arrears (or 13 weeks if they pay weekly or fortnightly), and you must give four weeks’ notice before starting a claim.
• Ground 10/11 (discretionary): some arrears or persistent late payment
• Ground 14 (discretionary): antisocial behaviour
• Ground 12 (discretionary): breach of tenancy terms

From 1 May 2026, Section 8 will become the only available route to possession in England. New grounds for landlord occupation and property sale will also be introduced under the Renters’ Rights Act 2025, though with longer notice periods than previously required under Section 21.

Landlords who are deciding which route to use should note that the Section 21 process may appear simpler, as it does not require proof of fault. However, it is technically demanding, and the window to use it is now extremely short.

When Must You Use Form 6A?

Form 6A applies where:

• the tenancy is an assured shorthold tenancy (AST) in England; and
• the landlord is seeking possession under Section 21 of the Housing Act 1988.

You may serve a Form 6A notice:

• only after the first four months of the original tenancy have elapsed — not four months from the start of any statutory periodic tenancy or renewal; and
• during a fixed term (if a break clause permits it) or during a statutory periodic tenancy.

The four-month restriction runs from the start date of the original tenancy. This is a common source of confusion and dispute, particularly where tenancies have been renewed or where the start date was later varied.

When You Cannot Use Form 6A

A Form 6A notice will be invalid where any of the following apply:

• the notice is served before the four-month period from the original tenancy start date has elapsed
• the property is licensable and does not hold a valid licence at the time of service
• a retaliatory eviction restriction applies (see below)
• the landlord has not complied with the required pre-service obligations (see below)

Other statutory restrictions may apply depending on the facts of your case. If you are unsure whether any restriction applies, do not serve notice without first taking legal advice.

What Makes a Form 6A Notice Valid?

A Form 6A notice is only valid if the correct version of the form is used and all applicable statutory conditions have been satisfied before service. The courts apply these requirements strictly.

1. Use the Correct Version of Form 6A

You must use the version of Form 6A that is prescribed and in force at the date of service. Using an outdated form, or one that has been altered, will almost certainly invalidate the notice. Always download the current version from the government’s official guidance pages immediately before use.

2. Comply with the Minimum Two-Month Notice Period

You must give the tenant at least two months’ written notice. The expiry date must be calculated carefully by checking the tenancy start date, whether the tenancy is still in a fixed term or is periodic, and the statutory and contractual rules that apply.

For most statutory periodic tenancies in England, the notice does not need to expire on the last day of a tenancy period. Contractual periodic tenancies can be different, and some may require a longer notice period.

3. Act Within the Notice’s Validity Window

A Section 21 notice does not remain valid indefinitely. Possession proceedings must be issued within six months of the date the notice expires. If you do not issue a claim within that window, the notice lapses and cannot be relied upon.

4. Protect the Deposit Correctly

If a deposit has been taken, you must:

• have protected it in a government-authorised scheme within 30 days of receipt; and
• have served the prescribed information on the tenant within the same period.

Failure to do either may prevent you from serving a valid Section 21 notice until the breach is remedied. In some circumstances, the failure may also bar reliance on Section 21 entirely and expose you to a penalty of between one and three times the deposit amount.

If you failed to protect the deposit or serve the prescribed information in time, returning the deposit to the tenant in full before serving notice is one way to remove the bar, but the financial penalty risk remains separately. Legal advice should be taken before proceeding.

5. Provide the Required Pre-Tenancy Documents

Before you can serve a valid Form 6A notice, you must have provided the tenant with the following documents, at the correct time and in the correct form:

• Electrical Installation Condition Report (EICR): under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, a valid EICR must have been provided to the tenant. Non-compliance can result in enforcement action and may prevent you from serving a valid Section 21 notice until the position has been remedied.
• Gas Safety Certificate: where gas appliances are present, a valid certificate should have been provided at the start of the tenancy and kept up to date annually.
• How to Rent guide: the correct version in force at the start of the tenancy must have been provided. If the guide has been updated since the tenancy began, you may need to have provided the updated version.

Failure to provide any of these documents may invalidate the notice, even if they have since been supplied. The timing of provision matters.

6. Ensure the Property Is Properly Licensed

Where the property is subject to mandatory or selective licensing, it must hold a valid licence at the time the notice is served. Serving a Section 21 notice on an unlicensed but licensable property will render the notice invalid.

How to Complete Form 6A Correctly

The form must be completed accurately and in full. It must include:

• the full legal names of all tenants named in the tenancy agreement
• the correct address of the property
• the date of service
• the date on or after which possession is required (your calculated expiry date)

Cross-check every detail against the tenancy agreement, any deed of variation, and the relevant notice period rules. Even minor errors, such as a misspelled name, an incorrect address, or a miscalculated date, can lead to the notice being challenged and the claim failing.

How to Serve Form 6A Correctly

Service must be carried out in accordance with the tenancy agreement and accepted legal methods. Common methods include:

• first-class post with proof of posting (retain the certificate of posting)
• personal delivery to the tenant at the property
• tracked or recorded delivery (note that recorded delivery is only conclusive if the tenant signs for it — if they do not collect it, there may be uncertainty about the date of service)

Some tenancy agreements permit service by email. You must check the exact wording of your agreement before relying on a Section 21 eviction strategy.

You must serve notice on all joint tenants. Service on one joint tenant is insufficient and will invalidate the notice against all.

Retain clear, dated evidence of service. Without it, the court may not accept that the notice was validly served, even if you sent it correctly.

Retaliatory Eviction Restrictions

Under sections 33 to 40 of the Deregulation Act 2015, a Section 21 notice will be invalid if:

1. the tenant made a written complaint to the landlord about the condition of the property; and
2. the landlord did not provide an adequate written response within 14 days; and
3. the tenant complained to the local authority, which then served an improvement notice or took emergency remedial action under the Housing Act 2004

Where these circumstances apply, a Section 21 notice cannot be served for six months after the local authority’s action.

The restriction does not apply in all cases, although exceptions are limited and fact-specific. However, the burden of establishing an exception rests on the landlord. If there is any history of tenant complaints about disrepair, you should take legal advice before serving notice.

How Long Does the Section 21 Process Take?

The process typically involves the following stages:

• a minimum two-month notice period from the date of service
• court proceedings: the claim must be issued within six months of the notice expiry date and by no later than 31 July 2026 for any pre-abolition notice
• a possession order: under court rules, hearings are to be listed no less than 28 days from issue — but in practice, many courts are taking considerably longer to list claims, and the hearing may be several months after issue
• enforcement: if the tenant does not vacate following the possession order, you will need to instruct bailiffs

The full process, from service to vacant possession, commonly takes four to six months or more. With fewer than four weeks left to serve a notice, landlords face increasing pressure. Court backlogs also create a real risk that proceedings issued close to 31 July 2026 will not be processed in time. As a result, landlords who have not yet served notice should recognise that they may not complete the process before Section 21 is abolished.

Common Reasons Form 6A Notices Fail

The following errors cause possession claims to fail routinely:

• deposit protection failures: not protected in time, wrong scheme, or prescribed information not served
• missing documents: EPC, Gas Safety Certificate, EICR, or How to Rent guide not provided, or not provided at the right time
• incorrect notice period or expiry date: for example, miscalculating the two‑month period or, in the case of some contractual periodic tenancies, failing to allow the minimum period required by law or the tenancy agreement
• outdated form: using a previous version of Form 6A
• incomplete or inaccurate form: errors in tenant names, property address, or dates
• service failures: notice not served on all joint tenants, or no evidence of service retained
• licensing failures: property unlicensed at time of service
• retaliatory eviction restrictions: notice served following a tenant complaint and local authority action

If a notice fails for any of these reasons, the court will dismiss or strike out the claim. You will need to serve a fresh notice, subject to any restrictions, wait out a new notice period, and issue new proceedings. This adds months of delay and significant additional cost.

What Is the Last Date to Serve a Section 21 Notice?

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 and its core provisions come into force on 1 May 2026. The last date to serve a valid Section 21 notice is 30 April 2026.

A Section 21 notice served on or after 1 May 2026 will have no legal effect. Landlords who serve a valid notice on or before 30 April 2026 may still pursue possession proceedings, provided those proceedings are issued by 31 July 2026. If the July deadline is missed, the notice will expire and cannot be used.

These dates are set out in current legislation and government guidance. However, implementation dates have previously changed and should be checked at the time of reliance.

Preparing for the Abolition of Section 21

From 1 May 2026, the new assured periodic tenancy regime will apply to the private rented sector. Under this regime, the vast majority of existing assured shorthold tenancies will become Assured Periodic Tenancies. This change is made by the Renters’ Rights Act 2025.

Landlords should prepare now by:

• understanding the new Section 8 grounds: particularly the new grounds for landlord occupation and property sale, and the updated rent arrears threshold of three months
• reviewing and updating tenancy agreements: removing clauses that reference fixed terms or Section 21, and ensuring agreements reflect the periodic tenancy framework
• completing all compliance documentation: ensuring EPCs, Gas Safety Certificates, EICRs, and deposit records are up to date, as these will remain relevant to the validity of Section 8 proceedings and future registration on the Private Rented Sector Database
• planning for longer notice periods: Section 8 grounds carry notice periods of up to four weeks (for rent arrears) or longer, and the process may take more time overall than a straightforward Section 21 claim

With the deadline for Section 21 fast approaching, careful preparation is essential. Even minor errors can invalidate a Section 21 notice. In many cases, there may not be enough time to correct the issue and complete the process before the deadline.

At JLN, our specialist landlord and tenant solicitors advise on Form 6A compliance, Section 21 eviction strategy, and transition planning under the Renters’ Rights Act 2025.

We can assist you by:

• reviewing your tenancy and compliance position before notice is served
• preparing or checking Form 6A to ensure it is legally robust
• advising on whether a Section 8 eviction route may be more appropriate
• supporting you through possession proceedings and enforcement

We offer an initial no-obligation consultation to assess your position and next steps.

To speak to a solicitor:

Call 01444 708640
Email wewillhelp@jonathanlea.net
Or request a call back and a member of our team will respond promptly.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.