Housing4 min read28 April 2026

My Landlord Served a Section 21 During My Fixed-Term — Was It Valid?

Based on: Housing Act 1988 s.21(4) — Possession notices during fixed terms · View judgment

The Scenario

A tenant on a 12-month fixed-term tenancy receives a Section 21 notice with two months' notice, served four months before the fixed-term expiry. The landlord wants possession as soon as the fixed term ends.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I am renting on a 12-month fixed-term tenancy that started in September 2025 and runs until September 2026. In May 2026, my landlord served me with a Section 21 notice giving two months’ notice. He says he wants me out when the fixed term ends in September. But I have heard that landlords cannot serve Section 21 during a fixed term. Is the notice valid?

Case Buddy

Thank you for explaining this. There is an important question here about the timing of this notice — both in relation to your fixed term and in relation to the Renters’ Rights Act 2025. Could you confirm: was this Section 21 notice served before or after 1 May 2026? You mention it was served in May 2026, but the exact date matters significantly given the recent change in the law.

You

The notice was served on 15 May 2026, which I now understand is after Section 21 was abolished. But I want to understand whether it would have been valid even before the abolition, because my landlord seems to think he had the right to serve it during a fixed term.

Case Buddy

This is a useful question to answer on both levels. **Position after 1 May 2026 (the current law):** Section 21 was abolished on 1 May 2026 under the Renters’ Rights Act 2025. A Section 21 notice served on 15 May 2026 is **invalid on its face** — it does not matter whether it might otherwise have been technically compliant under the old rules. Serving a Section 21 notice after 30 April 2026 is a civil offence carrying a penalty of up to £7,000. You do not need to leave the property on the basis of this notice. **Position under the old law (for context):** Under Section 21(4) of the Housing Act 1988, a landlord could serve a Section 21 notice during a fixed-term tenancy, provided: - The notice was in the correct form (Form 6A) - The notice period of at least two months was given - The notice expired no earlier than the end of the fixed term So under the old rules, it was permissible to serve a Section 21 notice during a fixed term, as long as the expiry date of the notice fell on or after the end of the fixed term. Serving notice in May with the fixed term ending in September would have satisfied this requirement under the old law — but that is now entirely academic given abolition. **What you should do now:** The notice you received on 15 May 2026 is void. Inform your landlord in writing that Section 21 was abolished on 1 May 2026 and that you are not required to leave on the basis of this notice. If your landlord takes any further steps to obtain possession without using a valid Section 8 notice citing a legal ground, seek advice from Shelter or a housing solicitor. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

•Section 21 was abolished on 1 May 2026. A Section 21 notice served after 30 April 2026 is invalid and constitutes a civil offence.
•Under the old law (Housing Act 1988 s.21(4)), a landlord could serve a Section 21 notice during a fixed term, provided the notice expired no earlier than the end of the fixed term.
•Under the new law, all tenancies are periodic and all evictions must use Section 8 with a valid legal ground.
•A tenant who receives a Section 21 notice after abolition has no obligation to leave and should report the notice to the local authority.

What the Court Decided

Under the Renters’ Rights Act 2025, Section 21 notices served after 30 April 2026 are void. Under the pre-abolition Housing Act 1988 s.21(4), a Section 21 notice could validly be served during a fixed term as long as the notice period expired no earlier than the end of the fixed term.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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