Section 21 Notice Period UK

Quick answer: how long is a Section 21 notice period?

Under section 21(4A) of the Housing Act 1988, a Section 21 notice must give the tenant at least 2 calendar months before the date on which possession is required. The notice cannot expire before the end of any fixed-term tenancy, and proceedings must begin within 6 months of the notice being served. You can use our tenancy notice period calculator to check a Section 21 notice date.

When can a Section 21 notice be served?

A landlord cannot serve a valid Section 21 notice at any time:

• Cannot be served in the first 4 months of a new assured shorthold tenancy (AST). The earliest a Section 21 notice can be served is after 4 months have elapsed from the start of the tenancy.
• The notice is only valid for 6 months. If the landlord does not start possession proceedings within 6 months of serving the notice, the notice expires and a new one must be served. If proceedings begin within the 6 months but the hearing happens after, the notice remains valid — this was confirmed in Khalil v Whitefield (2022).
• Cannot expire within the fixed term. If the tenancy has a fixed term of, say, 12 months, a Section 21 notice cannot require possession before the end of that fixed term (unless there is a break clause or the tenancy agreement allows earlier termination).

How to calculate a Section 21 notice period date

Unlike employment notice periods (which can be in weeks, days, or months), Section 21 uses calendar months only. Two calendar months from 5 June ends on 5 August, regardless of how many days are in each month.

If the 2-month date falls on a weekend or bank holiday, Section 21 does not automatically extend to the next working day — unlike FOI or SAR deadlines. The possession date on Form 6A is a calendar date, not a working-day deadline.

What makes a Section 21 notice invalid?

Even if the notice period is correctly calculated, a Section 21 notice can be invalid for many reasons. Landlords must meet all of these requirements before serving notice:

• Deposit protection: The tenant's deposit must be protected in a government-approved tenancy deposit scheme (TDS, MyDeposits, or DPS) and the prescribed information must have been given to the tenant within 30 days of receipt. Failure to protect the deposit invalidates any Section 21 notice until the deposit is returned or the matter is resolved.
• Gas Safety Certificate: A valid gas safety certificate (CP12) must have been given to the tenant before they moved in. Following the Court of Appeal decision in Trecarrell House Ltd v Rouncefield (2020), serving the certificate late can still be remedied, but best practice is to provide it before occupation.
• Energy Performance Certificate (EPC): An EPC with a rating of E or above must have been given to the tenant (unless the property is exempt). This applies to most ASTs from 1 April 2018 (domestic minimum energy efficiency standard, MEES).
• How to Rent guide: The latest version of the government's "How to Rent" checklist must have been provided to the tenant. The guide is updated periodically — landlords should check GOV.UK for the current version.
• Licensing: If the property is in an area requiring mandatory or additional HMO licensing, or selective licensing, the landlord must have a valid licence.
• Retaliatory eviction (Deregulation Act 2015): A Section 21 notice is invalid if it is served within 6 months of the landlord receiving an improvement notice or emergency remedial action notice from the local authority following a tenant's health and safety complaint. This is the "retaliatory eviction" ban.
• Prohibited fees (Tenant Fees Act 2019): If the landlord has charged a prohibited fee and has not repaid it, a Section 21 notice cannot be served until it is repaid.

Expiry: the 6-month rule

Once a valid Section 21 notice is served, the landlord has 6 months to start court possession proceedings. After 6 months, the notice expires and a new Form 6A must be served, restarting the 2-month notice clock. If possession proceedings are issued within the 6 months, the notice remains valid even if the court hearing takes place after the 6-month window closes.

Section 21 vs Section 8

Section 21 and Section 8 are two different eviction routes under the Housing Act 1988:

• Section 21 ("no-fault"): No reason needed. Minimum 2 months' notice. Cannot be used during the fixed term or within the first 4 months. Invalid if compliance requirements (deposit, gas safety, etc.) are not met.
• Section 8 ("fault-based"): A specific ground must apply (e.g. rent arrears, anti-social behaviour, breach of tenancy). Notice periods vary by ground — from 2 weeks for serious anti-social behaviour to 2 months for standard grounds. The court must agree that the ground is satisfied.

Renters' Rights Bill — Section 21 abolition

The Renters' Rights Bill proposes to abolish Section 21 "no-fault" evictions entirely in England. As of June 2026, the Bill has passed through the House of Commons and is progressing through the House of Lords. Once enacted, landlords will only be able to evict tenants using Section 8 with a valid ground.

What this means right now: Section 21 notices can still be lawfully served while the current legislation remains in force. Landlords should monitor GOV.UK guidance on the Renters' Rights Bill for the implementation timeline. The government has indicated a transition period — existing Section 21 notices served before abolition are expected to remain valid for their 6-month duration.

References

• Housing Act 1988, section 21 (legislation.gov.uk)
• GOV.UK — Evicting tenants: Section 21 and Section 8 notices
• Form 6A — Notice seeking possession (GOV.UK)
• GOV.UK — Guide to the Renters' Rights Bill