Section 21 Possession Claims
Clear legal routes for landlords. Fair protection for tenants.
If you’re a tenant facing eviction under Section 21, or a landlord seeking to regain possession of your property, Complex Law can help ensure that the legal process is followed correctly, and your rights are protected at every stage – from drafting or reviewing notices to representing you in court.
The Facts
What is a Section 21 possession claim?
Section 21 is commonly known as “no-fault” eviction, and is used where landlords wish to regain possession of a property at the end of a fixed-term tenancy, or during a periodic tenancy. If the tenant does not leave by the expiry date of the notice, the landlord may seek a court order to regain possession.
The law
Section 21 of the Housing Act 1988 allows landlords to regain possession of a property during or at the ned of an assured shorthold tenancy (AST) without alleging breach, as long as they meet the legal conditions. This includes using the correct form and notice period, having complied with rules regarding deposit protection, and having provided the tenant with a valid EPC, Gas Safety Record, and the 'How to Rent' guide.
Your rights
As a landlord, you can serve a compliant Section 21 notice, issue possession proceedings, obtain a possession order and, if needed, enforce it via a warrant – with an accelerated route available in some cases. As a tenant, you can challenge invalid notices due to deposit issues, missing documents or incorrect forms, raise a defence regarding licensing or statutory bars, or request more time to leave the property.
Next steps
Landlords should gather the tenancy agreement, deposit protection certificate, prescribed information evidence, EPC, Gas Safety Records, How to Rent guide issue evidence, and any licensing documents before speaking to Complex Law. Tenants should keep all documents, check dates and compliance (deposit, EPC, gas safety, How to Rent), and seek legal advice promptly, as deadlines are short once court papers arrive.
How Complex Law can help
We make Section 21 possession claims straightforward. We draft and review notices, check compliance, prepare and run court applications, and represent you at hearings, always aiming for efficient, fair outcomes.
Grounds and notice accuracy
We draft Section 21 notices for landlords or review them for tenants who have received them. We’ll verify deposit protection, EPC, Gas Safety, How to Rent and licensing, to ensure any notice is compliant.
Managing your claim
We handle everything on your behalf, from pre‑action negotiation and evidence gathering to accelerated possession applications, advocacy at hearings, and arranging enforcement or settlement terms.
No‑win, no‑fee available
We offer a range of funding options. In appropriate tenant claims, we may act on a no‑win‑no‑fee basis. We’ll let you know the options available to you at the outset and clearly explain all associated costs.
How we calculate costs
Where no-win, no-fee applies, we’ll usually charge 25% plus VAT of any compensation you are awarded. In other cases, we offer fixed or staged fees where possible to reduce the financial impact.
Do you have a claim?
If you’re a landlord planning a no‑fault eviction, or a tenant who has received a Section 21 notice, it’s essential to get legal advice as soon as possible.
If the points on our checklist apply to you, our expert tenancy law team can help. Speak to Complex Law for clear next steps and a transparent estimate of costs.
Claim checklist
Landlords: Need to recover possession at the end of the term or during a periodic tenancy?
Tenants: Received a Section 21 Form 6A, you believe is invalid or premature?
Are deposit protection, safety certificates, or How to Rent compliance in doubt?
Do you need urgent representation for an accelerated possession claim?
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What Others Say
Hear from our past clients
We’re proud of our success rate. Over the last four decades, we’ve helped thousands of clients secure the judgments, compensation, settlements, or resolutions they were seeking.
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Frequently asked questions
If you don’t find the answer to your question here, get in touch with us and we’ll be happy to help.
Typically, the landlord must give a minimum of two months' notice that they want to regain possession of the property, using form 6A. That two-month period must not expire earlier than the end of the tenancy, if it is a fixed-term tenancy. Speak to Complex Law to understand the requirements in detail for your specific tenancy if in doubt.
Section 21 is known as a “no‑fault eviction” and does not require the tenant to be in breach of any agreement. Section 8 is based on breaching the terms of a tenancy, for example, not paying rent, causing damage, or anti-social behaviour. It requires specific grounds and can result in a monetary judgment. You can find more information on Section 8 possession claims at our dedicated page here.
The accelerated possession route is a faster alternative to a standard possession claim. It is a paper-based court process which doesn’t require a hearing for a possession order to be granted (although judges may require a hearing if there are any queries or ambiguity in the paperwork). Accelerated possession claims relate only to regaining possession of the property, and do not include provision for claiming rent arrears.
The UK government has indicated plans to repeal Section 21, under the new Renters' Rights Bill, which will eliminate “no-fault” evictions. This is expected by late 2025 or early 2026, although there is currently no confirmed date. At the time of writing, Section 21 is still in force. Landlords or tenants affected by Section 21 matters should speak to Complex Law for the most up-to-date advice on the legal situation.