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If you get a section 21 notice

This advice applies to Wales

If you get a section 21 notice, it’s the first step your landlord has to take to make you leave your home. You won’t have to leave your home straight away.

If your section 21 notice is valid, your landlord will need to go to court to evict you.

You might be able to challenge your eviction and stay longer in your home.

You might have to pay court costs if you decide to challenge your eviction. You should make sure you have a good case before you decide to go to court.

When you can get a section 21 notice

Your landlord doesn’t need a reason for giving you a section 21 notice - for example, they might just want to move back into the property.

You can only get a section 21 notice if you have an assured shorthold tenancy. If you’re not sure what type of tenancy you have, use Shelter’s tenancy checker to find out.

If your landlord gives you a section 21 notice and you don't have an assured shorthold tenancy, your notice won't be valid. You'll be able to challenge your eviction and stay in your home.

Your landlord could give you a section 8 notice as well as a section 21 notice. You might get a section 8 notice if you have rent arrears, for example.

If you get a section 8 notice, don’t ignore it. You’ll need to deal with it as well as your section 21 notice - and the steps are different.

Read our advice on what to do if you've got a section 8 notice.

Check your section 21 notice is valid

The first thing you should do is check your section 21 notice is valid. If it isn't, you might be able to challenge it and stay in your home.

If you get less than 2 months' notice

Your section 21 notice won’t be valid if you haven’t been given at least 2 months’ notice.

If you have a longer tenancy period, for example where you pay your rent every 3 months, your landlord might need to give you more than 2 months’ notice. Check what kind of tenancy you have on Shelter’s website if you’re not sure.

If your landlord hasn’t given you at least 2 months’ notice - or longer if you have a longer tenancy period - you could tell them that your section 21 notice isn’t valid. Your landlord might then give you a new notice if they want you to leave - giving you another 2 months to stay in your home.

You should make sure your new notice is valid.

If your deposit hasn't been protected

If your landlord didn’t protect your deposit or they protected it late, your section 21 notice won’t be valid - unless they’ve already given your deposit back to you.

The date your deposit had to be protected by depends on when it was paid and when your tenancy started. Check if you're not sure whether your landlord protected your deposit.

Your landlord might also have to pay you compensation if they didn't protect your deposit. Read more about taking your landlord to court if your deposit isn't protected.

Not all deposits need to be protected. Your deposit doesn't need to be protected for example if you're a lodger.

If you didn't get information about your deposit

Your section 21 notice won’t be valid if your landlord didn’t give you certain details about your deposit before giving you the notice. These details are known as ‘prescribed information’.

Prescribed information includes:

  • a receipt for your deposit
  • your landlord's contact details
  • how to get your deposit back when you leave

You can find a full list of the information landlords must give tenants on GOV.UK.

Not all deposits need to be protected. Your deposit doesn't need to be protected for example if you're a lodger.

Check when your landlord should have given you the prescribed information.

If your section 21 notice has a mistake on it

Your section 21 notice might not be valid if your landlord has made mistakes on it, for example if they’ve spelt your name wrong or put the wrong date.

Check your section 21 notice to make sure your name and address are correct. You should also check the name and contact details of your landlord or letting agent are correct.

If you live in a house that needs a licence

Your section 21 notice might not be valid if:

  • your landlord hasn't registered their details
  • your landlord or letting agent hasn't got a licence for your home

You can search the public register on Rent Smart Wales to find out if your landlord has registered and got a licence.

If your home is managed by a letting agent, you’ll need to check if they’ve got a licence. All you’ll need is your address or your landlord or letting agent’s details.

You should challenge your eviction if your landlord hasn’t registered or the letting agent managing the property doesn’t have a licence.

If your tenancy started before 1 October 2015

Your landlord can give you a section 21 notice at any time if your tenancy started before 1 October 2015.

You won’t need to leave before your fixed term ends, for example if you have a 6-month fixed term. Your landlord can only make you leave if your tenancy has a ‘break clause’ - this means it can be ended early by either you or your landlord.

You can find the details of your break clause in your tenancy agreement.

If you have a 'contractual periodic tenancy'

Your section 21 notice must end on the last day of your tenancy period if you have a ‘contractual periodic tenancy’. This means your tenancy has been rolling from the beginning, or you agreed it would keep rolling after your fixed term ended.

For example, if your tenancy runs to the 23rd of the month, your section 21 notice must end on the 23rd of that month.

Your section 21 notice must say that your landlord is trying to make you leave your home using section 21.

If you don’t have a contractual periodic tenancy, for example if you have a fixed-term tenancy that has ended, your landlord only has to give you 2 months’ notice.

Contact your nearest Citizens Advice if you're not sure when your tenancy started rolling.

If your tenancy started after 1 October 2015

Your section 21 notice might not be valid if your tenancy started after 1 October 2015 and your landlord:

  • didn’t give you a gas safety certificate, energy performance certificate or a ‘How to rent’ guide before giving you a section 21 notice

  • didn’t use form 6a or a letter with all the same information on it

You can find a copy of form 6a on GOV.UK.

Your section 21 notice won’t be valid if your landlord gave you the notice in the first 4 months of your tenancy, unless you have a ‘replacement’ tenancy. For example, if you and your landlord agree a new tenancy on your home after your fixed term ends.

If your landlord hasn’t gone to court within 6 months of giving you the section 21 notice, they can’t use the notice in court to evict you.

There are extra rules that might protect you from being evicted if you've complained to your landlord or asked for repairs. Read more about what to do if you're being evicted for asking for repairs.

If your section 21 is valid

If you’ve got a good relationship with your landlord, it might be worth asking them if you can stay in your home for longer. Send a letter to your landlord explaining your situation and keep a copy of any reply you get.

Your landlord can’t make you leave your home unless they’ve gone to court to get a possession order and a warrant for eviction. You might be able to challenge your eviction and stay in your home.

Even if your section 21 notice is valid, you might be able to ask the court to let you stay in your home for longer. You’ll need to get papers from the court before you can ask to stay in your home for longer.

If you decide to leave your home

Don’t leave your home before the date on your section 21 notice if you haven’t found somewhere else to live.

If you leave your home before the date on your section 21 notice, you could be considered ‘intentionally homeless’. This could make it harder for you to get help from your local council if you need it.

You should read our advice before you decide to leave your home.

Keep paying your rent

It’s important that you keep paying your rent until the day your tenancy ends. If you're leaving and you've paid all your agreed rent, ask your landlord to write to you confirming that your tenancy has ended and you’ve paid everything you owe. Both you and your landlord should sign it.

If you don’t pay your rent, your landlord could take you to court to get back any unpaid rent you owe. They could also refuse to give you a reference or give you a bad one, which could make finding another home difficult.

If your section 21 isn't valid

You’ll be able to stay in your home and challenge your eviction if your landlord hasn’t given you a valid section 21 notice.

Your landlord will have to give you a new, valid notice if they still want you to leave your home.

Contact your nearest Citizens Advice if your section 21 notice isn’t valid and you’re not sure what to do next.

Challenge your eviction

You might be able to challenge your eviction if your section 21 notice isn't valid or you have a good reason why you shouldn't leave your home. This is called 'defending possession'.

You'll need to wait until you get papers from the court before you can challenge your eviction.

If you get court papers

If you don’t leave your home by the date on your section 21 notice - for example because you want to challenge it - you’ll get papers from the court.

You’ll get the court papers because your landlord is taking action to make you leave your home. This is known as starting a ‘possession claim’. The court will then decide whether you need to leave your home.

The court will send you an ‘N11B defence form’. You can use the form to give your reasons why you think you should stay in your home.

Contact your nearest Citizens Advice if you get a letter from the court and you’re not sure what steps to take.

You might have to pay your landlord’s court costs if your landlord starts a possession claim. Court costs can be expensive.

You might be able to get legal aid to help you with your case, for example if you’re on a low income or get benefits.

If you get legal aid, you might get protection from paying your landlord’s costs if you can’t afford them.

Read more about getting help with legal costs.

Fill in the defence form

Use the defence form to give your reasons for challenging your section 21 notice, for example if you weren’t given 2 months’ notice or your deposit wasn’t protected.

It’s a good idea to be as detailed as possible. The court will use the form to decide if you should stay in your home.

If the court decides you should pay court costs, you’ll usually have to pay them within 14 days. You can use the form to ask to pay court costs over a longer time - for example by making a smaller payment every month.

Delaying the date you’ll need to leave

If the court issues a possession order, the order will usually say you need to leave your home within 14 days.

You should use the form to explain why leaving within 14 days could cause you 'exceptional hardship' - for example if you have a serious illness or disability. You should do this even if your section 21 notice is valid.

If the court agrees that leaving your home would cause you exceptional hardship, they could delay the date you’ll need to leave by up to 6 weeks (42 days).

Send the form

You should send the form back to the court within 14 days - the address will be on the form. It’s worth keeping a copy of the form for your records.

You should still send the form if you miss the deadline. The court might still consider it.

If you have a court hearing, you should still go - even if you haven’t sent the defence form. It's more likely you'll be able to stay in your home if you do.

After you’ve sent the defence form

The court will look at the defence form. They’ll either:

  • issue a possession order

  • give you a date to go to court - this is known as a possession hearing

If you have a possession hearing, you'll get a letter telling you when and where the hearing is.

Preparing for a possession hearing

Read all the documents you've been given by the court and your landlord. Take any evidence you have, for example:

  • a letter or email from the 3 tenancy deposit schemes showing that your deposit wasn’t protected or protected late

  • a letter from your local council saying that the property isn’t licensed if it should be

  • a letter from your GP saying that you would suffer exceptional hardship if you have to leave within 14 days

The evidence you have will depend on your case.

You'll be able to take someone with you for support, for example a friend or family member. They might not be able to speak for you in court.

You can get a solicitor to represent you in court - you might be able to get legal aid to help you cover the cost. Find out if you can get help with legal costs on GOV.UK.

You might be able to get free legal advice on the day of the hearing. Ask the court for details of what help you can get.

Contact your nearest Citizens Advice to find out what legal advice you can get.

Getting a decision from court

You'll be told by the court if you can stay in your home or if you'll have to leave.

If you have a court hearing, you'll be told the decision at the hearing. If you don't have a court hearing, the court will send a letter telling you their decision.

Contact your nearest Citizens Advice if you get a possession order.

If you have to leave

You normally won't have to leave your home straight away. You'll get a notice from the court telling you when you’re supposed to leave. This is called an 'outright possession order'.

You'll usually be given 14 days to leave, but it could be longer.

You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. For example, if the court didn't look at relevant information or used the wrong law.

Contact your nearest Citizens Advice if you think the court should look at your case again.

If the court accepts your defence, they could decide to dismiss your landlord's case. This means you'll stay in your home without any conditions.

If you don’t leave your home

Get help from your nearest Citizens Advice straight away if you've been told bailiffs are coming to your home.

Your landlord will have to get an eviction warrant from the court if you don't leave your home by the date on the possession order. This means they can ask the court to send ‘enforcement officers’ to make you leave.

Enforcement officers are also known as bailiffs. Bailiffs are employed by the court to help landlords get their property back.

You'll usually be told by the bailiffs when they're coming to evict you. Your landlord could ask the high court to send bailiffs - if they do this, you might not be told they’re coming.

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