Correct Way to Serve a Valid Form 6A Section 21 Notice
Form 6A Section 21 Notice
When it comes to reclaiming possession of a rental property in England, understanding the correct way to serve a valid Form 6A Section 21 notice is crucial. Whether you’re a landlord managing your own properties or seeking the help of eviction specialists, ensuring that the process is legally sound can save you time, money, and future legal complications.
The Section 21 notice, often referred to as a section 21 eviction notice, is one of the most commonly used tools for landlords seeking to regain possession of their property at the end of a tenancy. But despite its nickname, the no-fault eviction, there are still many rules and requirements that landlords must follow to make the notice legally valid.
In this article, we’ll walk through everything you need to know about how to correctly serve a valid Form 6A Section 21 Notice — including key legal requirements, common pitfalls, and when to seek help from eviction specialists in the UK.
What is a Section 21 Notice?
A Section 21 notice is a legal notice used by landlords in England to regain possession of a property let under an Assured Shorthold Tenancy (AST). Unlike other types of eviction notices, a Section 21 eviction notice does not require the landlord to provide a reason for evicting the tenant — hence the term “section 21 no fault eviction.”
The notice can only be served after the fixed term of a tenancy has ended or in accordance with a break clause in the tenancy agreement.
When Can You Use a Section 21 Notice?
A Section 21 notice can be used under the following conditions:
- The tenancy is an Assured Shorthold Tenancy (AST).
- The fixed term has ended, or the tenancy has become periodic.
- The tenant has been given at least two months’ notice.
- The deposit has been protected in a government-approved scheme.
- The tenant has been provided with certain documents (explained below).
Importantly, you cannot use a section 21 notice if you haven’t complied with these legal obligations. Serving the notice incorrectly could render it invalid, forcing you to start the eviction process all over again.
Step-by-Step Guide to Serving a Valid Form 6A Section 21 Notice
1. Ensure the Tenancy is Eligible
First and foremost, verify that the tenancy qualifies under an AST. Most private residential tenancies in England will fall under this category, but if your agreement doesn’t, a Section 21 notice won’t be applicable.
2. Use the Correct Form – Form 6A
Since October 1, 2015, landlords must use Form 6A to serve a Section 21 eviction notice. This form standardizes the notice and is required for all ASTs, regardless of whether they are fixed-term or periodic.
Using the wrong form — such as a homemade letter — will likely invalidate your notice and delay evicting a tenant.
3. Check Deposit Protection Requirements
Before serving the notice, you must ensure the tenant’s deposit was:
- Protected in a government-approved deposit protection scheme.
- Accompanied by prescribed information provided to the tenant within 30 days of receiving the deposit.
Failure to comply with deposit rules means you cannot legally serve a Section 21 notice unless you return the deposit in full.
4. Provide Prescribed Documents
To serve a valid Section 21 notice, the landlord must have given the tenant the following documents:
- Energy Performance Certificate (EPC)
- Gas Safety Certificate
- Government’s How to Rent guide (latest version at the start of the tenancy)
If any of these are missing or not properly given to the tenant, the notice may be deemed invalid.
5. Observe Licensing Rules
If the property requires a House in Multiple Occupation (HMO) or selective license, ensure you’ve obtained it before issuing the Section 21 eviction notice. Failure to license a property can invalidate your notice.
6. Give the Correct Notice Period
The section 21 must give the tenant at least two full months’ notice. Make sure the expiry date of the notice is accurate and compliant with tenancy law. For periodic tenancies, align the notice with the rental period if necessary.
7. Serve the Notice Properly
Service methods include:
- Personal delivery
- First-class post
- Recorded delivery
- Hand delivery through the letterbox
Always retain proof of delivery. Do not rely on email unless the tenant has agreed to it in writing.
8. Wait for the Notice Period to Expire
After serving the Form 6A Section 21 notice, you must wait until the notice period ends before applying to the court for possession.
Common Reasons Why Section 21 Notices Are Invalid
Many landlords make costly mistakes when serving a Section 21 eviction notice. Here are the most common errors:
- Failing to use Form 6A
- Incorrect notice period
- Not protecting the deposit properly
- Not serving prescribed documents
- Serving during a prohibited period (e.g., within 6 months of issuing a previous notice)
If you’re unsure whether your notice is valid, it’s wise to consult tenant eviction specialists or legal experts.
What Happens After the Notice is Served?
If the tenant does not leave by the end of the notice period, you’ll need to apply for a standard possession order through the county court. This involves:
- Completing the N5B claim form (accelerated procedure)
- Providing evidence the notice was properly served
- Demonstrating compliance with all legal requirements
If the court grants possession, and the tenant still refuses to leave, you can apply for a warrant of possession, which authorizes bailiffs to remove the tenant.
This entire process can take several weeks to months, depending on court backlogs. For faster results and fewer legal headaches, many landlords turn to eviction specialists in the UK.
Should You Use an Eviction Specialist?
If you’re feeling overwhelmed by legal requirements, working with eviction specialists or tenant eviction specialists can provide peace of mind. These professionals understand how to correctly serve a Section 21 notice, handle documentation, and represent landlords in court if necessary.
Here’s how an eviction specialist UK can help:
- Check if your notice meets legal standards
- Serve Form 6A on your behalf
- Manage court paperwork
- Advise on tenant responses and delays
- Expedite the evicting a tenant process
Considering how easy it is to get the notice wrong, their services can be well worth the investment.
Is Section 21 Being Abolished?
Yes, under the proposed Renters’ Reform Bill, the government plans to abolish Section 21 no fault eviction altogether. While the changes haven’t come into effect yet, landlords should keep an eye on the legislation, as the ability to remove tenants without a reason will likely disappear in the near future.
Until the law changes, however, Section 21 notices remain a legal and valid method of repossessing a property — provided the proper steps are followed.
Final Tips for Serving a Valid Section 21 Notice
- Always use Form 6A — never a DIY notice.
- Double-check you’ve protected the tenant’s deposit correctly.
- Serve the required documents (EPC, Gas Safety Certificate, How to Rent guide).
- Make sure you’re not restricted by licensing or retaliatory eviction rules.
- Provide clear proof of notice service.
- Maintain records of all communications and actions.
Remember: if in doubt, seek help. A minor misstep can delay evicting a tenant for months.
Conclusion
Serving a valid Form 6A Section 21 notice is not as simple as it once was. With more rules, regulations, and tenant protections in place, landlords must be precise and legally compliant at every step. While it’s certainly possible to manage the process on your own, working with eviction specialists UK can help ensure everything is done correctly and efficiently — saving you time, stress, and potentially thousands in legal fees.
If you’re preparing to serve a Section 21 eviction notice and want to make sure it’s done right, contact our experienced team of first4 landlord advice today for expert support tailored to your needs.