Can my landlord serve a Section 21 during a fixed-term tenancy?

A Section 21 notice can technically be served at any point during a fixed-term assured shorthold tenancy (AST), but the law imposes strict timing requirements. Under the Housing Act 1988 and the Deregulation Act 2015, the notice cannot require you to leave before your fixed term has expired.

The minimum notice period is two months, and the notice must be given on Form 6A if the tenancy started or was renewed on or after 1 October 2015. In practice, a landlord who wants you to leave at the end of your fixed term may serve the notice towards the end of that term — but you are entitled to remain until it properly expires.

There are also several conditions that must be met for a Section 21 to be valid. Your landlord must have protected your deposit in a government-approved scheme and given you the prescribed information within 30 days of receiving it. You must have been given a copy of the government's 'How to Rent' guide, a valid energy performance certificate (EPC), and a current gas safety certificate at the start of the tenancy or before moving in.

If any of these requirements were not met, the Section 21 notice is invalid and you do not have to leave. You can challenge an invalid Section 21 in court and the landlord will have to start the process again — or use a Section 8 instead. Always check compliance with these conditions carefully before responding to any Section 21 notice.