How Much Notice Does a Landlord Have to Give?
Notice periods, Section 21, Section 8, and what's changing under the Renters' Rights Act.
The answer depends on the type of tenancy you have, the reason for the notice, and whether your landlord is using a Section 8 or Section 21 notice. Here’s everything you need to know.
At a glance
- Landlords must generally give at least 2 months’ notice under Section 21, but exceptions apply
- For Section 8 notices, notice periods can range from 2 weeks to 2 months depending on the breach
- A notice must meet specific legal requirements to be valid
- The Renters Reform Bill may bring changes, so stay updated.
Notice periods by tenancy type
The notice period your landlord needs to give depends on your tenancy type and the specific circumstances. Here’s a quick breakdown:
- Assured shorthold tenancies (ASTs): Most tenants in the UK have ASTs. Landlords typically give at least 2 months’ notice using a Section 21 notice for no-fault evictions. The notice must also align with the tenancy terms, such as ending on a rent payment date.
- Fixed-term tenancies: If you’re still within the fixed term, notice can only be served if specific conditions are met, such as a breach of tenancy terms like unpaid rent.
- Periodic or rolling tenancies: These continue after a fixed term ends. Notice must generally be 2 months, though some situations may call for longer.
Section 8 vs. Section 21
Landlords can end a tenancy using either a Section 8 or Section 21 notice. Here’s the difference:
Section 21: Known as a no-fault eviction, this doesn’t require the landlord to give a reason. They must give at least 2 months’ notice, and it can’t be used during the fixed term unless there’s a break clause.
Section 8: Used when a tenant has breached the tenancy agreement. If you’re significantly behind on rent, your landlord may give as little as 2 weeks’ notice. For other breaches, notice periods are longer.
| Type of notice | What it’s for | Minimum notice period |
|---|---|---|
| Section 21 | No-fault eviction | 2 months |
| Section 8 | Breaches like rent arrears | 2 weeks to 2 months |
What the Renters Rights Act changes
Big changes are on the way. The government plans to abolish Section 21 notices entirely, meaning no-fault evictions will soon be a thing of the past. This gives tenants significantly more stability. Landlords will still be able to use Section 8 for specific breaches, but the grounds for doing so will be more tightly defined.
As of 2026, these reforms are progressing through parliament, so it’s worth keeping an eye on updates if you’re a tenant or landlord.
What makes a notice legally valid?
For a notice to hold up legally, it needs to tick a few boxes:
- In writing: Notices must be written, using the correct prescribed forms where required.
- Correct timing: The notice must give the required minimum time before you’re expected to leave.
- Proper delivery: This could mean handing it to you in person, or sending it by post or email, depending on your agreement.
- Compliance with deposit rules: Landlords must have protected your deposit in a government-approved scheme before serving a Section 21 notice. If they haven’t, the notice won’t be valid.
What to do if you receive an unlawful notice
If you think the notice you’ve received isn’t valid, don’t panic. Start by checking your tenancy agreement, then confirm whether the notice meets all the requirements above. You can ask your landlord for clarification, or get free advice from Citizens Advice or a housing solicitor. Don’t ignore it though, that can make things worse.
The eviction process explained simply
If your landlord follows through on the notice, they can’t just change the locks or kick you out. Here’s what happens:
- Step 1: Serve the appropriate notice (Section 8 or Section 21).
- Step 2: If you don’t leave by the end of the notice period, they’ll need to apply for a court order.
- Step 3: If the court agrees, a possession order is issued. This gives you a formal timeline to leave.
- Step 4: If you still don’t leave, enforcement officers (bailiffs) could get involved.
What happens to your deposit?
Your deposit must be held in a government-approved scheme and cannot be unfairly withheld. If you’ve met the terms of your tenancy, you’re entitled to your full deposit back. If your landlord raises a claim for damages or unpaid rent, disputes can be resolved through the deposit scheme’s resolution process.
Before we go
Whether you’re dealing with a Section 8 or Section 21 notice, knowing your rights is the first step. Notices have rules, landlords have to follow them, and you have options if they don’t.
And if you want cover that moves with you, Lemonade’s contents insurance is quick to set up and easy to update.
Landlord notice FAQs
What is a Section 21 notice?
A Section 21 notice is a no-fault eviction notice. It allows a landlord to ask a tenant to leave without giving a specific reason, as long as they give at least 2 months’ written notice and meet all the legal requirements. Importantly, Section 21 is set to be abolished under the Renters’ Rights Act, so its days are numbered.
Can a landlord evict me without notice?
No. In almost all circumstances, a landlord must serve a formal written notice before starting the eviction process. The only exception would be in extreme, rare circumstances involving a court order obtained without notice, which is very uncommon in residential tenancies. If your landlord tries to remove you without following the proper process, that is illegal.
What if I have paid my rent but received a Section 8?
A Section 8 notice can only be used for specific grounds, and rent arrears is just one of them. If you’ve kept up with your rent, check the notice carefully to see which ground your landlord is relying on. If you believe it’s been issued in error or unfairly, get advice from Citizens Advice or a housing solicitor before the notice period expires.
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