Serving section 21 notices for assured shorthold tenancies in England: pre-conditions, remedies for non-compliance, prescribed form, notice periods, and service

Published by a LexisNexis Property Disputes expert

Practice notes

This ‘how to’ guide explains how social landlords can serve a notice to seek possession of an assured shorthold tenancy under section 21 of the Housing Act 1988 (HA 1988). It summarises the key elements of the notice, including when it should be given, how service should take place, and the preconditions that must be satisfied. From 1 May 2026, the section 21 route is removed for the private rented sector (with transitional arrangements for section 21 notices issued before that date) and will only apply in the social sector. For guidance on ending an assured tenancy in the private sector, see Practice Note: Private sector assured tenancies—terminating.

Check the term dates

A section 21 notice cannot be served during the first four months of the term (or the original term where the tenancy is a replacement) and must not expire before the tenancy’s contractual term ends. See Practice Note: Assured and assured shorthold tenancies—terminating — Section 21 notice.

Check the parties

The section 21 notice must be served by the ‘landlord’ or, if there are joint landlords, by at least one of them. Where there are joint tenants, the notice must name...

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Web page updated on 21/05/2026

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