Section 21 Eviction Notices

A Section 21 notice begins a no-fault eviction process under the Housing Act 1988. It is used when a landlord can't come to a mutual agreement with the tenants as to when the tenancy should end.

Yes. As long as you meet the statutory criteria to serve a Section 21 notice, you can use our notice tool.

For tenancies arranged through OpenRent's Rent Now service, we'll fill in the information we already know to help make the process smoother.

A section 21 notice can only be served if the tenancy is in England and began after 1 October 2015. In addition, it must have been at least four months since the start of the tenancy, and either the break clause must have passed or the fixed term ended.

Please note these are only the most important requirements. There are other statutory requirements that our Section 21 notice tool will help you check. Our Help Centre has more information on the requirements you'll need to meet.

No. Most tenancies come to an end by mutual agreement between the landlord and the tenants. You only need to serve a Section 21 notice if you can't come to a mutual agreement with your tenants.

This will depend on the tenancy agreement you have with your tenants, and whether it specifically allows for notice by email. If your tenancy was arranged through our Rent Now service, you'll be using our standard AST agreement and notice can be served by email.

If your tenancy agreement doesn't allow service by email, or you want that extra peace-of-mind, you can usually serve notice by first-class post or by physically giving it to the tenants (known as service by hand). If you do this, we recommend retaining evidence that you have served your tenants, such as by taking a photo.

A Section 8 notice is an alternative way of evicting a tenant, but the landlord must meet one of the statutory grounds for possession, such as the tenants being in rent arrears of at least two months. In contrast, a Section 21 notice can be served for any reason at all.

Compared to Section 21 evictions, Section 8 evictions require a shorter notice period and the process can begin at any point in the tenancy. However, because they are only available in certain circumstances, most landlords prefer using Section 21.

If your tenants don't leave by the date specified on the Section 21 notice, you can apply to the County Court for a possession order, and subsequently, a warrant of possession to be enforced by bailiffs.

We recommend seeking legal advice in applying for these orders as there are strict requirements both as to the procedure and the timing of applications to Court. Failure to comply may result in additional costs and having to restart the eviction process from the beginning.