Section 21 Notices Under the Renters’ Rights Act — Legacy Validity 2026

The Renters’ Rights Act 2024 abolished Section 21 for new tenancies. It did not retroactively cancel the notices that landlords served lawfully before commencement. If you are a landlord with a live Section 21 notice — or a tenant who received one — the question is the same: is it still valid, and what does the court do with it now?

This guide covers the legacy position: existing Section 21 notices, their validity window, the traps that invalidate them, and the accelerated possession route when the tenant does not leave.

The legal position after commencement

The Act removes Section 21 prospectively. Tenancies granted before commencement, and Section 21 notices served before commencement within their validity window, continue under transitional provisions. The government’s own guidance is clear: landlords do not lose accrued rights overnight. But once the notice expires or the tenancy converts under the transitional scheme, the Section 21 route closes.

Form 6A — the prescribed form

Section 21 notices in England must be on Form 6A. A notice on the wrong form is invalid. The form requires:

• Landlord’s name and address (not just the agent’s)
• Tenant’s name
• Address of the property
• Date of service
• Date the notice expires (at least two months after service)

The prescribed information traps

Section 21 is a tenant-protection minefield. A notice is invalid if any of the following apply:

1. EPC not provided at the start of the tenancy

Energy Performance Certificate must be given to the tenant before they moved in. No EPC, no valid Section 21.

2. Gas safety certificate not provided

CP12 must be supplied before the tenant moved in and every year thereafter. Trecarne v Rouf clarified this is strict — late provision does not cure it for that tenancy.

3. How to Rent booklet not served

The current government “How to Rent” booklet must be provided. The version current at the date of tenancy — or updated when it changed.

4. Deposit not protected within 30 days

Under Housing Act 2004 ss.213–215, the deposit must be in a scheme and the prescribed information supplied within 30 days. Late protection means compensation to the tenant and no Section 21 until the deposit is returned.

5. Selective licensing breach

If the property is in a selective licensing area and the landlord is unlicensed, Section 21 cannot be served.

6. Retaliatory eviction

Under the Deregulation Act 2015, a Section 21 served within six months of a council improvement notice is invalid.

Validity window — the six-month rule

A Section 21 notice is valid for six months from the date of service. If the notice period exceeds two months, the window extends to four months after the notice period ends. Issue accelerated possession before the window closes or the notice dies and you start again.

Accelerated possession under CPR Part 55

Tenant did not leave. You issue form N5B in the county court. The court reviews on the papers. If everything is in order — valid notice, prescribed information served, tenancy qualifies — the judge grants a possession order. No hearing, no oral evidence. This is the fastest possession route in the system, which is why Parliament removed it.

What changes under the Renters’ Rights Act for new tenancies

New tenancies fall under the reformed Section 8 regime with expanded grounds and stricter notice periods. Anti-social behaviour, serious rent arrears, sale of the property, landlord or family moving in — each has its own notice period and evidential bar. Chris drafts the ground-specific notice and the Section 8 claim form.

If you are the tenant

Check the notice. Check the EPC date. Check the gas certificate. Check the deposit protection certificate. Check the How to Rent version. Any failing invalidates the notice. Write to the landlord within 14 days citing the defect and refusing to vacate. If proceedings are issued, file a defence — Chris drafts it.

If you are the landlord

Audit every paper trail before you serve. Missing paperwork means months lost and money spent on a notice the court will refuse. Chris drafts the Form 6A, the prescribed information checklist, and the N5B claim — to the Litigant Standard. £30 for the notice. £30 for the claim. £60 total versus a housing solicitor’s £800.

Prepare to win. Plan not to fail.

Section 21 is closing. While it still works, it needs to be airtight. Chris drafts airtight.

Related Court Forms & Guides

• Form N5B: Accelerated Possession — the accelerated possession procedure.
• Form N260: Statement of Costs — the costs schedule for a possession hearing.
• Civil Court Forms Index — every civil court form guide in one place.

Frequently asked questions

Did the Renters’ Rights Act cancel my existing Section 21 notice?

No. The Act removes Section 21 prospectively for new tenancies. Tenancies granted before commencement, and Section 21 notices served lawfully before commencement within their validity window, continue under the transitional provisions. Once the notice expires or the tenancy converts under the transitional scheme, the Section 21 route closes.

What makes a Section 21 notice invalid?

Common defects include: no EPC given before the tenant moved in; the gas safety certificate (CP12) not provided before move-in and annually; the current How to Rent booklet not served; the deposit not protected and prescribed information not supplied in time; serving in a selective licensing area while unlicensed; and serving within six months of a council improvement notice (retaliatory eviction). Any one of these can invalidate the notice.

Which form must a Section 21 notice be on?

In England a Section 21 notice must be on Form 6A. A notice on the wrong form is invalid. It must show the landlord’s name and address (not just the agent’s), the tenant’s name, the property address, the date of service and the date the notice expires.

How long is a Section 21 notice valid for?

The notice has a validity window from the date of service, and where the notice period is longer the window extends after the notice period ends. You must issue accelerated possession before that window closes, or the notice dies and you start again — check the current figure for your situation.

How does accelerated possession work if the tenant doesn’t leave?

You issue Form N5B in the county court. The court reviews the claim on the papers — if the notice is valid, the prescribed information was served and the tenancy qualifies, the judge can grant a possession order without a hearing or oral evidence.

I’m the tenant and received a Section 21 — what should I do?

Check the notice and the EPC date, the gas certificate, the deposit protection certificate and the How to Rent version — any failing point can invalidate it. The guide suggests writing to the landlord citing the defect and refusing to vacate, and filing a defence if proceedings are issued. Chris drafts the defence.

Related guides: Form N5B: Accelerated Possession · Form N260: Statement of Costs · All civil court forms