Section 21 Guide

Welcome to this Guide to Section 21

Possession claims were stayed in the courts between March and 20 September 2020 which means that there is a large backlog in the courts and all claims are taking a long time.  Notice periods went back to normal (in England) on 1 October 2021.  Details can be found on our  Possession Notices page.

Landlord Law members should visit the  Government Guidance page for links to information pages on the gov.uk website.

Note that as the coronavirus amendments are intended to be temporary we have not amended the main text in this guide. However, it should be read in the context of the current situation.

Section 21 is one of the most useful and one of the most frustrating sections in the whole of the Housing Act 1988.

On the one hand, it provides a relatively quick and straightforward way for landlords to evict tenants from rented properties after the end of the fixed term.  Even if they have done nothing wrong.

However, on the other hand, many landlords find the rules over-complex and confusing, particularly when drafting up the notice.  And many landlords have lost their case at court because of a seemingly trivial error in the section 21 notice.  Much to their annoyance!  So you need to take care.

This guide will help.  You can use it to check:

  • Whether you can use section 21, and
  • How to draft it properly using our templates

You will be guided by a series of questions and answers to the right answer and guidance for your situation.

However, this is a members only service (landlord standard members and +plus members) so if you are not a member you will need to join the site before you can use it.  Find out more by clicking the ‘join now’ button below.

If you are a member click the ‘start here’ button. Note that there are some navigation links under the trail logo but you are advised to follow all of the guide at least once or you may miss something important.