MAKE YOUR FREE No Fault Eviction Notice
What we'll cover
What is a No Fault Eviction Notice?
No Fault Eviction Notices are legal notices informing tenants (known as ‘contract holders’ in Wales) that their contract is going to end and the landlord is going to repossess the property.
For the avoidance of doubt, references to ‘tenants’ also apply to ‘contract holders’ unless otherwise specified.
In England, a No Fault Eviction Notice is known as a ‘section 21 notice’ or a ‘section 21 (Form 6A) notice’. In Wales, a No Fault Eviction Notice is known as a ‘section 173 notice’.
For use in England and Wales only.
When should I use a No Fault Eviction Notice?
You should use a No Fault Eviction Notice if:
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you want to regain possession of a property you’ve rented out
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the tenant is not at fault for the eviction
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the property (also known as a ‘dwelling’ in Wales) is located in England or Wales
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you have not done anything as a landlord that may invalidate the Notice
Sample No Fault Eviction Notice
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NOTICE REQUIRING POSSESSION OF A PROPERTY IN
ENGLAND LET ON AN ASSURED SHORTHOLD TENANCY
FORM NO. 6A
Housing Act 1988 section 21(1) and (4) (as amended)
INFORMATION FOR TENANTS
This notice tells you that your landlord requires possession of your home.
You should read it carefully and seek advice about your circumstances as quickly as possible.
You are entitled to at least two months' notice before being required to give up possession of your home. In some circumstances a longer notice period may be required.
If you do not leave your home by the date given in section 2, your landlord may apply to the court for an order under Section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.
If you are worried about this notice, and what you should do about it, take it immediately to Citizens' Advice, a housing advice centre, a law centre or a solicitor.
If you are a debtor and you are in a 'breathing space', you should inform your debt advisor.
If you believe you are at risk of homelessness as a result of receiving this notice, then you should contact your local authority for support.
Free independent advice is also available from Shelterline on 0808 800 4444 or via the Shelter website at: https://www.shelter.org.uk/.
Further information about this notice and the possession process can be found at: https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants.
1. To:
2. You are required to leave the below address after: .
If you do not leave, your landlord may apply to the court for an order under Section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession of:
,
3. If your landlord does not apply to the court within a given timeframe this notice will lapse. If you are entitled to more than 2 months', notice your landlord can rely on this notice to apply to the court during the period of 4 months commencing from the date specified in section 2 above. In all other cases, your landlord can rely on this notice to apply to the court during the period of 6 months commencing from the date this notice is given to you.
4. Name and address of landlord or landlord's agent:
(To be completed in full by the landlord, or, in the case of joint landlords, at least one of the joint landlords, or by someone authorised to give notice on the landlord's behalf.)
Capacity (please tick): Landlord
Capacity (please tick): Joint landlord(s)
Capacity (please tick): Landlord’s agent
About No Fault Eviction Notices
Learn more about making your No Fault Eviction Notice
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How to make a No Fault Eviction Notice
Making a No Fault Eviction Notice online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
The information you need to make your No Fault Eviction Notice will depend on the document in question. However, the types of questions you may be asked include:
Party details
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Who is signing the No Fault Eviction Notice?
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What are the signatory’s details? The signatory is the person signing the Notice and will be the landlord (or joint landlords) or someone acting on behalf of the landlord(s) (eg an agent).
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What is the tenant’s or contract holder’s name? If there are joint tenants or contract holders, what are all of their names?
Eviction
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What is the address of the property or dwelling?
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On what date will the No Fault Eviction Notice expire?
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On what date is the Notice being sent?
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Common terms in a No Fault Eviction Notice
No Fault Eviction Notices are used by landlords to carry out no fault evictions, where the tenant (or contract holder) is not at fault. While the terms of a No Fault Eviction Notice differ depending on the document in question, examples of common provisions in the Notice include:
The No Fault Eviction Notice itself
The body of the No Fault Eviction Notice sets out specific details relating to the parties, the rented property and the eviction. It sets out the legal basis for eviction and clarifies that eviction is sought without the tenant (or contract holder) being at fault.
The Notice also sets out how much notice is being given and the date by which the property should be vacated.
Relevant information for tenants or contract holders
The No Fault Eviction Notice provides certain information for tenants or contract holders about the Notice and the no fault eviction process. Examples of this information include the minimum notice period a landlord must provide and when a No Fault Eviction Notice may be invalid.
If you want your No Fault Eviction Notice to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Notice for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Note that, in England, a section 21 notice must follow the Government’s form 6A format, which our Section 21 notice does.
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Legal tips for making a No Fault Eviction Notice
Make sure your No Fault Eviction Notice isn’t invalid
Whenever you serve a No Fault Eviction Notice you need to make sure that the Notice isn’t invalid (ie ineffective). There are various things you, as a landlord, can do (or fail to do) to invalidate your No Fault Eviction Notice. While there are differences between what invalidates a No Fault Eviction Notice in England and Wales, examples include:
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not providing the right notice period
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breaching any of the legal obligations of a landlord
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issuing a retaliatory eviction
For more information, read Repossessing property - section 21 notices and Repossessing property in Wales.
Understand when to seek advice from a lawyer
If you have any questions or concerns about the eviction process, you should Ask a lawyer for assistance. You should Ask a lawyer if:
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you’re evicting a commercial tenant
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the deposit wasn’t protected in a deposit protection scheme or if the Notice may be invalid for any other reason
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you have received complaints about the condition of the rental property and you’re unsure whether issuing a No Fault Eviction Notice may be considered a retaliatory eviction
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you’re considering alternatives to eviction
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No Fault Eviction Notice FAQs
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What is included in a No Fault Eviction Notice?
This No Fault Eviction Notice template covers:
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the landlord’s details
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the tenant’s (or contract holder’s) details
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the eviction notice period
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relevant information on no fault evictions
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Why do I need a No Fault Eviction Notice?
As a landlord, there may be times when you need to give your residential tenants notice to vacate your property. This may be because their contract is coming to the end of its term or because you need your property back from a tenant on a rolling (ie periodic) contract.
The correct use of a No Fault Eviction Notice will help to ensure that a landlord takes possession of their property safely and legally. Protect yourself using this simple eviction notice.
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When should I use a section 21 notice?
You should use a Section 21 notice to gain possession of a rented property let under an assured shorthold tenancy (AST) in England. You can use a section 21 notice for periodic or fixed-term tenancies. You can serve a section 21 in contemplation of a fixed-term tenancy coming to an end up to 2 months prior to the date of the end of the fixed term. For more information, read Repossessing property - section 21 notices.
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When should I use a section 173 notice?
You can use a Section 173 notice to gain possession of a property (also known as a ‘dwelling’) rented under a periodic occupation contract in Wales. This is a standard occupation contract that rolls from rent payment period to rent payment period (eg month to month). You can typically serve a section 173 notice anytime, as long as it is not during the first 6 months of the contract. You usually need to provide contract holders with at least 6 months’ notice. For more information, read Repossessing property in Wales and see our Section 173 notice for Wales.
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What if I cannot use a No Fault Eviction Notice?
If the property is located in England and the tenancy is within the fixed term or the initial six months, you can use a Section 8 notice if you satisfy one of the grounds for it. For more information, read Repossessing property - section 8 notices.
If the property is located in Wales, the proper repossession process (including the Eviction notice to use) depends on:
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the type of contract (eg periodic occupation contract, fixed-term occupation contract or secure contract), and
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the reason for ending the contract (eg serious rent arrears or antisocial behaviour)
For more information, read Repossessing property in Wales.
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How much notice do I need to give a tenant?
In England, for a section 21 notice, you must give a tenant a minimum notice period of 2 months. This means a tenant must physically receive the notice 2 months before they have to move out. For more information, read Repossessing property - section 21 notices.
In Wales, for a section 173 notice, you must usually give contract holders a minimum of 6 months’ notice. This means a contract holder must receive the eviction notice 6 months before they have to move out. For more information, read Repossessing property in Wales.
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