Check whether your Section 21 notice may be valid

Review the main legal requirements for a Section 21 notice in England, including dates, documents, deposit protection, licensing, and retaliatory eviction rules.

Scope of this checker

Covers Section 21 validity checks including dates, Form 6A, deposit protection, prescribed documents, licensing, and retaliatory eviction indicators. If the notice date or tenancy start date is on or after 1 May 2026, the checker returns a reform-aware result: Section 21 is no longer available and the Section 8 route applies instead.

Common questions

Can a landlord still serve a Section 21 notice in 2026?

From 1 May 2026 the Renters' Rights Act 2025 abolished new Section 21 notices in the private rented sector in England. A Section 21 served on or after 1 May 2026 has no legal force and the landlord must instead use a grounds-based Section 8 notice under Schedule 2 of the Housing Act 1988. Legacy notices served before that date may still be enforceable for a transitional period, subject to strict timing rules. This checker handles both: if you enter a notice date or tenancy start date on or after 1 May 2026, it returns a reform-aware result rather than running legacy validity tests.

What makes a Section 21 notice invalid?

A Section 21 notice can be defeated on any one of several grounds: the wrong form (Form 6A is prescribed); fewer than two calendar months' notice; the deposit was not protected within 30 days of receipt or the prescribed information was not served correctly; the EPC, gas safety certificate, or current How to Rent guide were not provided before service; the property requires a licence (HMO, additional, or selective) that is not held; a prohibited payment under the Tenant Fees Act 2019 has not been repaid; the notice was served within the first four months of the tenancy; or it follows recent council enforcement action (retaliatory eviction). A single defect is enough to defeat the notice.

Do I have to leave when I receive a Section 21 notice?

No. A Section 21 notice does not by itself give the landlord the right to evict you. Even if the notice is valid, the landlord must apply to the county court for a possession order, and only a court bailiff with a warrant can lawfully remove you. You can stay in the property until that point. If the notice is defective, the landlord cannot use it as a basis for court proceedings at all.

What is the deposit protection 30-day deadline?

Section 213(3) of the Housing Act 2004 requires the landlord to protect the deposit in an authorised scheme (DPS, MyDeposits, or TDS) and serve the prescribed information within 30 days of receiving the deposit. If the landlord protected late, even by a single day, they cannot rely on a Section 21 notice under section 215. This is one of the most defensible defects in county court.

What if my landlord did not give me a How to Rent guide?

The current version of the How to Rent guide must be given to the tenant before the landlord can serve a Section 21 notice. If a new edition has been published since the start of the tenancy, the latest version must have been given by the time of service. Failure to provide the current guide bars Section 21 under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

What is mandatory HMO licensing and how does it affect Section 21?

A property occupied by 5 or more persons forming 2 or more separate households is a mandatory House in Multiple Occupation (HMO) under the Housing Act 2004. The landlord must hold an HMO licence from the local authority. Section 75 of the Act bars Section 21 where a mandatory HMO licence is required but not held or applied for. Some local authorities also operate additional or selective licensing schemes that catch smaller properties.

Is this checker legal advice?

No. This is general legal information based on statute and official guidance. It is not legal advice. If you plan to rely on the result in court or in a dispute with your landlord, you should seek professional advice from a housing solicitor, legal aid provider, or Shelter (0808 800 4444). The rules are tested deterministically against the answers you provide; we do not use AI to generate legal opinions.

Use the interactive checker on getrentersrights.com for the full step-by-step result.