Can I use a Section 21 notice for a lodger?

In most cases, no. Section 21 does not apply to excluded licences, such as many lodger arrangements where the occupier shares living accommodation with the landlord.

What is the difference between a tenancy and a licence?

A licence gives permission to occupy but may not create a tenancy. Section 21 notices are generally for assured shorthold tenancies, not licences.

Does Section 21 apply to regulated tenancies?

Usually no. Different rules apply to regulated tenancies, and a Section 21 notice is not normally the correct route.

Can a Section 21 notice be used for a secure tenancy?

Usually no. Secure tenancies are typically used by local authorities and have different possession rules.

Does Section 21 apply to assured tenancies that are not shorthold?

Usually no. Assured tenancies that are not shorthold tenancies generally require different possession procedures.

Why does tenancy type matter for a Section 21 notice?

Tenancy type determines whether Section 21 is available and what legal process must be followed to end the occupation.

How do I identify the correct tenancy or occupation type?

Check the tenancy agreement, the circumstances of occupation, the landlord’s status, the property type, and whether the arrangement meets the legal criteria for an AST.

What if the occupier is not an assured shorthold tenant?

You may need a different notice or possession procedure, such as a Section 8 notice or another route depending on the occupier’s legal status.

Can Section 21 be used after a fixed-term tenancy ends?

In many cases, yes. If the tenancy became periodic after an AST fixed term ended, a Section 21 notice may still be available if all legal requirements are satisfied.

How does this page help with generating a Section 21 notice?

It supports the main Section 21 notice generator by helping users understand which tenancy and occupation types may be relevant before creating a document.

EN-GB>Residential>Section 21 Notice>England Section 21 Tenancy & Occupation Types

England Tenancy And Occupation Types Relevant To Section 21 Notices

Created: 9 Jun 2026

This guide helps landlords and tenants understand which tenancy and occupation types are relevant to Section 21 notices in England. It supports clearer decisions before using an AI Generated British Notice to Quit.

Section 21 Relevance	Reason	Jurisdiction	Pre Notice Checks	Useful Evidence
Assured shorthold tenancy of a private dwelling
Usually applicable	Section 21 is the standard no-fault possession notice for an AST in England, subject to statutory compliance.	England	Confirm AST, dates, deposit protection, prescribed information, EPC, gas safety, How to Rent, licensing and Form 6A.	Tenancy agreement, deposit certificate, prescribed information, EPC, gas safety record, How to Rent proof, licence search.
Statutory periodic assured shorthold tenancy
Usually applicable	An AST may continue as a statutory periodic tenancy after the fixed term and still be ended via Section 21.	England	Check fixed term expiry, period length, deposit compliance, prescribed documents, licensing and minimum notice period.	Original agreement, rent schedule, renewal correspondence, payment history, deposit records, service evidence.
Contractual periodic assured shorthold tenancy
Usually applicable	A periodic AST created by the contract can generally use Section 21 if statutory rules are met.	England	Check contractual notice clauses, rent period, deposit rules, prescribed documents, licensing and Form 6A.	Signed agreement, rent records, deposit protection documents, prescribed information and service records.
Fixed-term assured shorthold tenancy
Usually applicable	Section 21 may be served during the fixed term but possession cannot usually be required before it ends.	England	Check term end date, break clause, first four-month restriction, deposit compliance and prescribed documents.	Tenancy agreement, renewal deed, deposit records, prescribed documents and proof of service.
Replacement assured shorthold tenancy
Usually applicable	Replacement ASTs can use Section 21, but timing and compliance may depend on the original tenancy.	England	Check continuity, changed parties, deposit re-protection issues, prescribed information and document service history.	Old and new agreements, deposit scheme records, correspondence and inventory renewal documents.
Joint assured shorthold tenancy
Usually applicable	Section 21 can apply where all joint tenants hold an AST of the same dwelling.	England	Identify all tenants, confirm service on each, check deposit payer details, licensing and prescribed documents.	Joint tenancy agreement, tenant ID, service addresses, deposit certificate and rent account.
Sole tenant AST with permitted occupiers
Usually applicable	The notice is served on the tenant permitted occupiers usually have no separate tenancy.	England	Confirm who is tenant, who is only permitted occupier, deposit compliance and service address.	Tenancy agreement, application form, occupier consent forms, correspondence and rent records.
Room-only AST in a shared HMO
Usually applicable	A tenant renting an individual room as their home may have an AST, but HMO licensing may affect validity.	England	Check HMO licence, room agreement, deposit compliance, prescribed documents and correct room description.	Room tenancy, HMO licence, floor plan, deposit documents, rent records and service evidence.
Joint AST of a whole HMO house share
Usually applicable	The joint tenants may hold one AST of the whole dwelling HMO licensing must be checked.	England	Confirm joint tenancy, HMO or selective licensing, deposit compliance and service on all tenants.	Joint AST, HMO licence, deposit certificate, prescribed information and tenant contact details.
High-rent private residential tenancy above assured tenancy threshold
Usually not applicable	A tenancy with rent above the statutory assured tenancy threshold cannot be an assured shorthold tenancy.	England and Wales	Calculate annual rent, check current threshold, tenancy dates and whether common law notice is needed.	Tenancy agreement, rent schedule, bank statements and renewal correspondence.
Low-rent tenancy below assured tenancy threshold
Usually not applicable	Very low-rent lettings are excluded from assured tenancy status and therefore from Section 21.	England and Wales	Check rent amount, rateable value exceptions, tenancy start date and appropriate non-AST notice route.	Tenancy agreement, rent ledger, payment records and valuation information.
Lodger with a resident landlord
Usually not applicable	A lodger sharing living accommodation with a resident landlord is commonly an excluded occupier, not an AST tenant.	England and Wales	Confirm landlord residence, shared facilities, exclusive possession, written terms and reasonable notice requirements.	Lodger agreement, council tax, utility bills, room inventory and evidence of shared facilities.
Licence to occupy from a non-resident landlord
May be applicable	A labelled licence may actually be a tenancy if exclusive possession and other tenancy features exist.	England and Wales	Assess exclusive possession, rent, term, genuine sharing arrangements and whether AST conditions are met.	Licence agreement, keys, room allocation, access arrangements, rent records and property layout.
Excluded occupier
Usually not applicable	Excluded occupiers are outside the assured shorthold tenancy possession route and usually need only reasonable notice.	England and Wales	Confirm exclusion basis, shared accommodation, landlord residence, contractual notice and risk of unlawful eviction.	Occupation agreement, address evidence, photos of shared areas, keys and communications.
Holiday letting
Usually not applicable	A genuine holiday let is excluded from assured tenancy status.	England and Wales	Check purpose, duration, marketing, guest correspondence, main home evidence and repeat occupation.	Booking terms, platform listing, payment receipt, guest messages and evidence of another main home.
Short-stay or Airbnb-style accommodation
May be applicable	Short stays are often licences or holiday lets, but long residential occupation can resemble an AST.	England and Wales	Check length, purpose, exclusivity, rent, main residence, services provided and platform terms.	Platform booking, messages, payment records, cleaning schedule and evidence of occupier's main home.
Company let
Usually not applicable	An assured tenancy requires an individual tenant, so a corporate tenant cannot hold an AST.	England and Wales	Identify contracting tenant, occupiers, term, rent and common law forfeiture or notice provisions.	Company tenancy, Companies House details, board authority, occupier list and rent invoices.
Rent-to-rent occupier under an AST
May be applicable	The occupier may have an AST with the intermediate landlord if AST conditions are met.	England	Identify immediate landlord, superior lease terms, licensing, deposit holder and who must serve the notice.	Superior lease, occupier agreement, management agreement, deposit record and rent payment trail.
Assured tenancy that is not shorthold
Usually not applicable	Section 21 applies to assured shorthold tenancies, not fully assured non-shorthold tenancies.	England and Wales	Check tenancy start date, any Section 20 notice, agreement wording and statutory grounds for possession.	Original agreement, historic notices, rent records and correspondence describing tenancy status.
Pre-28 February 1997 assured shorthold tenancy
May be applicable	Older shorthold status may depend on historic notice requirements before the Housing Act 1996 changes.	England and Wales	Check start date, old Section 20 notice, renewals, continuity and whether tenancy became statutory periodic.	Original agreement, Section 20 notice, renewal documents, rent records and historic correspondence.
Regulated tenancy under the Rent Act 1977
Usually not applicable	Regulated tenancies have Rent Act security and are not assured shorthold tenancies.	England and Wales	Check tenancy start before 15 January 1989, succession, fair rent registration and Rent Act grounds.	Old tenancy documents, rent book, fair rent register, succession papers and payment history.
Occupier with basic protection
Usually not applicable	Basic protection occupiers are outside AST status and use Protection from Eviction Act notice rules.	England and Wales	Check whether excluded, licence terms, notice period, court order need and unlawful eviction risks.	Occupation agreement, rent receipts, correspondence, access arrangements and property use evidence.
Common law residential tenancy
Usually not applicable	Common law tenancies are not assured shorthold tenancies, often due to resident landlord, high rent or company tenant.	England and Wales	Identify why assured status is excluded and follow contractual or common law notice rules.	Tenancy agreement, rent level, landlord residence evidence, company details and notices clause.
Business tenancy under the Landlord and Tenant Act 1954
Usually not applicable	Premises let for business purposes are excluded from assured tenancy status.	England and Wales	Check business occupation, mixed use, 1954 Act protection, contracting out and correct termination procedure.	Lease, business rates, planning use, Companies House records, signage photos and invoices.
Mixed residential and business occupation
May be applicable	Status depends on the dominant purpose and whether the dwelling is let as a separate home under AST conditions.	England and Wales	Assess permitted use, actual use, business rates, planning, separate occupation and lease wording.	Agreement, business adverts, rates bills, council tax, photos and correspondence about use.
Housing association starter assured shorthold tenancy
May be applicable	Some housing association starter tenancies are ASTs, but social landlord procedures and policy requirements may apply.	England	Confirm AST starter status, review policy, equality issues, deposit rarity, review rights and service rules.	Starter tenancy agreement, landlord policy, warning letters, review documents and rent account.
Housing association assured tenancy
Usually not applicable	A non-shorthold assured tenancy cannot usually be ended by Section 21.	England and Wales	Check tenancy type, social landlord status, grounds for possession and pre-action requirements.	Tenancy agreement, landlord handbook, rent account, notices and allocation documents.
Flexible tenancy granted by a local authority
Usually not applicable	Flexible tenancies are secure tenancies under the Housing Act 1985, not ASTs.	England	Use secure tenancy flexible tenancy end procedures, review rights and statutory notices.	Council tenancy agreement, fixed-term review documents, statutory notices and rent account.
Secure council tenancy
Usually not applicable	Secure tenancies are local authority tenancies and are not assured shorthold tenancies.	England and Wales	Check secure status, introductory or demoted status, statutory grounds and council procedure.	Council tenancy agreement, notices, rent account, allocation records and correspondence.
Introductory council tenancy
Usually not applicable	Introductory tenancies have their own local authority possession process.	England and Wales	Check introductory period, extension, review rights and correct statutory notice.	Council tenancy, introductory notice, review letters, rent account and complaint history.
Demoted social housing tenancy
Usually not applicable	Demoted tenancies use their own statutory possession route, not Section 21.	England and Wales	Check demotion order, demotion period, review rights and statutory notice requirements.	Court order, demotion notice, tenancy file, review papers and rent account.
Standard occupation contract in Wales
Usually not applicable	Most Welsh residential tenancies converted to occupation contracts and use Renting Homes (Wales) notice routes.	Wales	Check conversion date, contract type, written statement, deposit, fitness, landlord registration and Welsh notice form.	Occupation contract, converted tenancy documents, Rent Smart Wales records, deposit documents and notices.
Converted Welsh AST after 1 December 2022
Usually not applicable	The tenancy generally became an occupation contract, so Section 21 is not the normal current notice route.	Wales	Check conversion, occupation contract terms, notice period, prohibited conduct and Rent Smart Wales compliance.	Original AST, converted written statement, deposit protection, Rent Smart Wales licence and service records.
Historic Welsh assured shorthold tenancy before Renting Homes conversion
May be applicable	Section 21 may be relevant only for historic analysis before Welsh occupation contract conversion.	Wales	Check notice date, possession claim timing, conversion rules and applicable transitional provisions.	Old AST, served notice, court claim papers, conversion statement and correspondence.
Supported standard occupation contract in Wales
Usually not applicable	Welsh supported accommodation has specific occupation contract rules rather than Section 21.	Wales	Check supported accommodation status, landlord type, written statement and Welsh statutory notice requirements.	Support agreement, occupation contract, provider documents, licence records and support plan.
University or college halls of residence
Usually not applicable	Student accommodation provided by specified educational institutions is excluded from assured tenancy status.	England and Wales	Confirm provider status, nomination agreement, licence terms, student status and institutional procedure.	Accommodation licence, student enrolment, hall handbook, provider identity and room allocation.
Private student house let on AST
Usually applicable	A private student letting can be an AST if the usual assured tenancy conditions are met.	England	Check joint or room AST, HMO licence, deposit compliance, term dates and prescribed documents.	AST, student IDs, HMO licence, deposit records, guarantor forms and inventory.
Private purpose-built student accommodation
May be applicable	Status depends on provider, agreement terms and whether statutory student accommodation exclusions apply.	England and Wales	Check provider, nomination arrangement, ANUK code, exclusive possession, term and jurisdiction.	Licence or tenancy, provider documents, nomination agreement, student proof and building terms.
Almshouse resident
Usually not applicable	Almshouse residents commonly occupy under a personal licence, not an AST.	England and Wales	Check charity scheme, letter of appointment, licence wording, resident contribution and internal rules.	Appointment letter, charity rules, licence terms, contribution records and trustee minutes.
Hostel accommodation
Usually not applicable	Hostel residents often have licences or excluded occupation depending on support and accommodation arrangements.	England and Wales	Check provider, support, sharing, licence terms, exclusion status and court order requirements.	Licence agreement, support plan, hostel rules, room allocation and funding documents.
Supported housing let on an AST
May be applicable	Supported housing can be an AST if tenancy conditions are met and no exclusion applies.	England	Check tenancy versus licence, support provider role, exempt accommodation, deposit, safeguarding and equality duties.	Tenancy, support agreement, care plan, rent breakdown, funding letters and risk assessments.
Care home resident
Usually not applicable	Care home occupation is usually governed by care contract and regulatory arrangements, not an AST.	England and Wales	Check care contract, CQC or CIW registration, capacity, safeguarding and contractual termination terms.	Care agreement, assessment, care plan, invoices, regulator registration and correspondence.
Service occupancy tied to employment duties
Usually not applicable	Accommodation required for better performance of employment duties may be a service occupancy, not an AST.	England and Wales	Check employment contract, need to live on site, rent deductions, termination date and employment law issues.	Employment contract, staff handbook, payslips, accommodation letter and job description.
Service tenancy
May be applicable	A genuine tenancy linked to employment may still be assured or AST unless excluded.	England and Wales	Distinguish service occupancy from tenancy, check employer landlord status, rent and assured tenancy exclusions.	Tenancy agreement, employment contract, rent records, payroll deductions and termination correspondence.
Agricultural occupier
Usually not applicable	Qualifying agricultural workers may have special statutory security under agricultural occupancy legislation.	England and Wales	Check agricultural employment history, qualifying worker status, succession and statutory possession grounds.	Employment records, tenancy terms, farm payroll, job description and occupancy history.
Assured agricultural occupancy
May be applicable	Some agricultural occupancies are treated within the assured tenancy regime but have specialist rules.	England and Wales	Check agricultural worker conditions, shorthold status, statutory rules and specialist possession grounds.	Tenancy, employment history, agricultural wages records, farm role documents and notices.
Tied farm cottage for current employee
May be applicable	Status may be service occupancy, agricultural occupancy or assured tenancy depending on facts.	England and Wales	Check employment duties, agricultural worker status, rent, tenancy wording and family succession rights.	Employment contract, cottage agreement, payslips, farm records and occupancy timeline.
Long residential lease
Usually not applicable	Long leases are excluded from assured tenancy status and use leasehold remedies instead.	England and Wales	Check lease term, ground rent, forfeiture clause, mortgagee rights and leasehold statutory protections.	Registered lease, title register, completion statement, ground rent demands and service charge accounts.
Shared ownership lease
Usually not applicable	Shared ownership is usually a long leasehold structure, not an AST possession route.	England and Wales	Check lease, rent arrears terms, mortgagee protection, forfeiture requirements and housing association policy.	Shared ownership lease, title register, staircasing records, rent account and mortgage details.
Leaseholder sublet to residential occupier on AST
Usually applicable	A long leaseholder can grant an AST subtenancy if the occupier meets assured tenancy conditions.	England	Check sublet consent, superior lease, deposit compliance, prescribed documents and licensing.	Subtenancy, headlease, landlord consent, deposit records, EPC and gas safety record.
Tenant of mortgagee in possession or receiver
May be applicable	If the tenancy is an AST, the party entitled to possession may need to serve the correct notice.	England	Confirm landlord authority, receiver appointment, tenancy validity, deposit location and prescribed documents.	Mortgage possession documents, receiver appointment, tenancy agreement, rent demands and deposit records.
AST where landlord has died
Usually applicable	The tenancy type may remain AST, but the correct person with authority must serve the notice.	England	Check grant of probate, personal representative authority, landlord address, deposit and prescribed documents.	Grant of probate, death certificate, tenancy agreement, estate correspondence and deposit records.
AST after sale of property to new landlord
Usually applicable	The AST usually continues after sale the new landlord must ensure compliance before Section 21.	England	Serve landlord identity/address notices, verify deposit transfer, prescribed information and existing compliance documents.	Transfer deed, title register, section 3 notice, deposit transfer record and tenancy pack.
Tenant in same converted building as resident landlord
May be applicable	Resident landlord exclusions can apply depending on building layout and whether accommodation is self-contained.	England and Wales	Check landlord residence, building conversion, self-contained units, shared areas and AST exclusion rules.	Floor plans, title plan, council tax records, utility bills, tenancy agreement and photos.
Self-contained flat with resident landlord elsewhere in same building
May be applicable	AST status depends on whether the resident landlord exclusion applies to the building and accommodation.	England and Wales	Check self-containment, landlord residence, purpose-built versus converted status and tenancy start date.	Tenancy, floor plan, planning records, title documents, utility bills and landlord residence evidence.
Informal family occupation arrangement
May be applicable	A family arrangement may be a licence, bare permission or tenancy depending on intention and exclusive possession.	England and Wales	Check rent, intention to create legal relations, exclusivity, term and contribution arrangements.	Messages, bank transfers, written terms, council tax records and witness evidence.
Tenant at will
Usually not applicable	A tenancy at will is not an AST and can often be ended by either party at will.	England and Wales	Check negotiation context, temporary occupation, rent, written terms and whether periodic tenancy arose.	Heads of terms, emails, rent invoices, draft lease and occupation correspondence.
Tenancy by estoppel
May be applicable	AST status depends on whether the apparent landlord and occupier created a residential tenancy satisfying statutory conditions.	England and Wales	Check authority to grant, title, rent payments, occupation terms and identity of proper claimant.	Agreement, title register, agency emails, rent account, authority documents and representations.
Trespasser or squatter
Usually not applicable	A trespasser has no AST, so Section 21 is not the possession route.	England and Wales	Confirm no tenancy or licence, identify occupiers, consider interim possession order or trespass proceedings.	Title register, police report, photographs, witness statements and absence of rent agreement.
Former AST tenant holding over after fixed term
Usually applicable	If no new agreement is made, an AST often continues as a statutory periodic tenancy.	England	Check fixed term end, continued occupation, rent acceptance, deposit compliance and earlier notice validity.	Expired AST, rent payments after expiry, correspondence, deposit records and inventory.
Remaining occupier after one joint tenant gives notice
May be applicable	A valid notice by one joint periodic tenant may end the tenancy later occupation may need different analysis.	England and Wales	Check notice validity, tenancy period, landlord acceptance, new tenancy creation and all occupiers' status.	Joint tenancy, tenant notice, acceptance emails, rent records and new occupation terms.
Successor or family member after AST tenant dies
May be applicable	Succession and inheritance rules can affect whether an AST continues and who must be served.	England and Wales	Check death date, spouse or civil partner occupation, succession rights, estate status and service parties.	Death certificate, tenancy, marriage or civil partnership evidence, occupancy proof and probate documents.
Subtenant after head tenancy ends
May be applicable	Status depends on whether the subtenancy binds the superior landlord and whether AST conditions continue.	England and Wales	Check authorised subletting, head tenancy termination, superior landlord acceptance and deposit arrangements.	Head lease, subtenancy, consent to sublet, termination documents and rent payment trail.
Unauthorised subtenant of private tenant
May be applicable	The immediate arrangement may be an AST, but superior landlord rights and authority issues are critical.	England	Identify immediate landlord, authority, deposit protection, licensing and whether superior landlord accepted rent.	Subtenancy, payment records, messages, head tenancy, superior landlord letters and deposit details.
Temporary decant accommodation
May be applicable	Temporary rehousing may be a licence, tenancy or continuation of existing rights depending on documents.	England and Wales	Check decant agreement, original tenancy, landlord intention, rent liability and promised return rights.	Decant agreement, works letters, original tenancy, rent account and return undertaking.
Homelessness temporary accommodation provided by council
Usually not applicable	Accommodation provided under homelessness functions is often excluded or governed by specific statutory duties.	England and Wales	Check homelessness duty, licence or tenancy terms, review rights, suitability decisions and authority procedure.	Placement letter, licence, homelessness decision, suitability review papers and rent account.
Asylum support accommodation
Usually not applicable	Asylum support accommodation is provided under immigration support powers, not as an AST.	England and Wales	Check provider authority, Home Office status, support termination and public law procedures.	Home Office support letters, provider agreement, occupancy rules and immigration support records.
Mobile home pitch agreement
Usually not applicable	Residential mobile home pitch rights are governed by the Mobile Homes Act regime, not Section 21.	England and Wales	Check protected site status, written statement, pitch terms and tribunal jurisdiction.	Pitch agreement, site licence, written statement, pitch fee demands and park rules.
Holiday caravan pitch or park licence
Usually not applicable	Holiday or pitch licences generally do not create an AST of a dwelling-house.	England and Wales	Check residential versus holiday use, site licence, written terms, main residence and pitch rules.	Site licence, pitch agreement, holiday-use declaration, council tax and utility records.
Houseboat mooring agreement
Usually not applicable	A mooring or boat occupation is generally not an AST of a dwelling-house let by a landlord.	England and Wales	Check mooring licence, boat ownership, residential permission, navigation authority rules and contract termination.	Mooring agreement, boat licence, marina rules, payment records and residential mooring permission.
Property guardian licence
May be applicable	A guardian labelled as licensee may have a tenancy if exclusive possession and tenancy conditions exist.	England and Wales	Assess exclusive possession, room allocation, services, commercial purpose, rent, term and HMO licensing.	Guardian agreement, room plan, keys, inspection records, fee payments and communications.
Live-in nanny or domestic worker accommodation
Usually not applicable	Occupation is often a service occupancy tied to employment and household duties, not an AST.	England and Wales	Check employment contract, rent, shared home, resident employer, termination and worker protections.	Employment contract, payslips, accommodation terms, household bills and termination letter.
Caretaker flat linked to job
May be applicable	May be service occupancy or service tenancy AST status depends on job necessity and tenancy terms.	England and Wales	Check whether residence is required for duties, who is landlord, rent, term and employment termination.	Job description, employment contract, tenancy terms, site rules and payroll records.
On-site property manager accommodation
May be applicable	Status depends on whether occupation is necessary for employment or granted as a separate tenancy.	England and Wales	Review employment duties, accommodation agreement, rent deductions, landlord identity and termination provisions.	Employment contract, accommodation agreement, payroll, duty rota and termination correspondence.
Crown tenancy or government department accommodation
May be applicable	Assured tenancy legislation can apply to Crown interests subject to statutory modifications and exclusions.	England and Wales	Identify government landlord, statutory powers, service accommodation status and correct authority to serve.	Occupation agreement, department letters, service records, rent deductions and authority documents.
Armed forces service family accommodation
Usually not applicable	Service family accommodation is allocated through military service arrangements, not a private AST.	England and Wales	Check MOD allocation, service status, notice to vacate procedure and family accommodation policy.	Licence to occupy, MOD allocation letter, service record and notice to vacate.
Seasonal worker accommodation
May be applicable	May be licence, service occupancy or tenancy depending on exclusivity, employer control and rent.	England and Wales	Check employment link, sharing, rent deductions, visa sponsorship, HMO rules and contract wording.	Employment contract, accommodation rules, payroll deductions, visa sponsorship documents and room allocation.
Pub tenant or manager accommodation above premises
Usually not applicable	Occupation is often part of a business tenancy, management agreement or service occupancy rather than an AST.	England and Wales	Check pub lease, business use, employment status, accommodation terms and Landlord and Tenant Act 1954 issues.	Pub lease, management agreement, business rates, employment contract and rent account.
Hotel or serviced accommodation guest
Usually not applicable	Hotel occupation is usually a licence with services, not exclusive possession under an AST.	England and Wales	Check services, booking terms, length, room moves, main residence and any tenancy-like promises.	Booking terms, invoices, housekeeping records, key card logs and correspondence.
Boarder with meals and services
Usually not applicable	Substantial services and lack of exclusive possession usually point away from an AST.	England and Wales	Check meals, cleaning, room access, resident landlord status and agreement wording.	Board agreement, service schedule, payment breakdown, house rules and room access records.
Charitable licence accommodation
May be applicable	Some charitable housing is licensed, but exclusive residential occupation may create a tenancy.	England and Wales	Check charity objects, licence wording, exclusivity, rent, services and any statutory housing status.	Licence, charity scheme, trustee minutes, payment records and support documents.
Temporary licence pending sale or works
May be applicable	A short temporary label does not prevent AST status if exclusive possession for a term at rent exists.	England and Wales	Check exclusivity, fixed term, rent, genuine temporary purpose, access rights and main residence.	Licence, sale or works documents, keys, access logs, rent payments and correspondence.
Occupier paying mesne profits after possession order
Usually not applicable	After a possession order, payments for use and occupation do not normally create a fresh AST alone.	England and Wales	Check possession order, warrant status, any new agreement and payment descriptions.	Possession order, warrant application, payment ledger and correspondence reserving rights.
Seller allowed to remain after completion
May be applicable	Post-completion occupation may be licence, tenancy at will or AST depending on agreed terms.	England and Wales	Check completion contract, occupational rent, duration, exclusivity and intention to create tenancy.	Sale contract, completion statement, occupation licence, payment records and conveyancer correspondence.
Buyer occupying before completion
May be applicable	Early occupation may be licence, tenancy at will or AST depending on possession and payment terms.	England and Wales	Check sale contract, early access licence, rent, completion conditions and occupation duration.	Licence to occupy, sale contract, payment records, keys handover and solicitor emails.
Agency worker housed by employer or agency
May be applicable	Status can be licence, service occupancy or tenancy depending on control, rent and exclusivity.	England and Wales	Check employment link, agency contract, deductions, sharing, HMO licensing and immigration rules if relevant.	Agency contract, accommodation agreement, payslips, allocation records and house rules.
Supported lodgings placement
Usually not applicable	Supported lodgings are commonly placement or licence arrangements with support, not ASTs.	England and Wales	Check placement agreement, age, local authority role, safeguarding, support plan and licence terms.	Placement agreement, support plan, local authority correspondence, house rules and payment records.
Property guardian in commercial premises
Usually not applicable	If premises are not let as a dwelling-house, assured shorthold tenancy status is unlikely.	England and Wales	Check planning use, facilities, exclusive possession, residential use and HMO requirements.	Guardian licence, property description, planning records, photos, keys and inspection logs.
AST where landlord lives abroad
Usually applicable	Landlord residence abroad does not itself prevent AST status or Section 21 use.	England	Check UK service address, agent authority, deposit compliance, prescribed documents and tax scheme notices.	AST, agency agreement, Section 48 address, deposit records and prescribed documents.
Oral assured shorthold tenancy
May be applicable	An AST can exist without a written agreement, but facts and compliance evidence are harder to prove.	England	Prove tenant, property, rent, start date, deposit, prescribed documents, licensing and service address.	Bank transfers, messages, deposit record, utility bills, witness statements and keys handover.
Rent-free occupation of a dwelling
Usually not applicable	Assured tenancy status generally requires rent and excludes certain no-rent or very low-rent arrangements.	England and Wales	Check whether any rent or consideration is paid, licence terms and family or employment context.	Payment records, written permission, messages, bills contributions and witness statements.
Clergy or ministerial accommodation
Usually not applicable	Occupation is commonly linked to office or employment and governed by ecclesiastical or service arrangements.	England and Wales	Check office holder status, employment terms, charity or church property rules and occupation document.	Appointment documents, housing policy, licence terms, stipend records and termination correspondence.
Occupation under family court order
Usually not applicable	Occupation rights may arise from matrimonial or family court orders rather than an AST.	England and Wales	Check ownership, tenancy parties, occupation order, home rights notice and court restrictions.	Court order, title register, tenancy documents, home rights notice and family proceedings papers.
Statutory tenant under Rent Act succession
Usually not applicable	Rent Act statutory tenants retain protected status and are outside Section 21.	England and Wales	Check original protected tenancy, death, family relationship, residence and fair rent records.	Old rent book, death certificate, family evidence, fair rent registration and residence proof.
Market rent AST by private registered provider
Usually applicable	A housing association may grant a market rent AST if the agreement is shorthold.	England	Confirm shorthold terms, landlord status, deposit, prescribed documents, policy requirements and equality review.	Market rent tenancy, provider policy, deposit documents, rent account and service records.
Build-to-rent assured shorthold tenancy
Usually applicable	Build-to-rent homes are commonly let on ASTs in England unless a statutory exclusion applies.	England	Check AST terms, deposit alternative, prescribed documents, building licensing and landlord or agent authority.	AST, deposit or membership documents, resident handbook, EPC, gas safety record and service log.
AST using a deposit replacement product
Usually applicable	Section 21 can apply, but any actual tenancy deposit must be protected and prescribed information served.	England	Check whether money taken is a deposit, product terms, fee status and all Section 21 prerequisites.	AST, deposit replacement certificate, payment records, product terms and prescribed documents.
AST in unlicensed licensable property
Usually not applicable	Section 21 is restricted while a required HMO or selective licence is missing, subject to exceptions.	England	Check mandatory, additional or selective licensing, applications, temporary exemption notices and local schemes.	Licence, application receipt, council register, temporary exemption notice and property layout.
AST where council improvement notice has been served
Usually not applicable	Retaliatory eviction rules can prevent Section 21 after specified local authority housing notices.	England	Check disrepair complaints, council notices, timing, exceptions and remedial action records.	Tenant complaint, council improvement notice, hazard notice, repair records and inspection reports.
AST where deposit was not protected correctly
Usually not applicable	A defective tenancy deposit can bar Section 21 unless remedied as permitted by statute.	England	Check protection date, scheme, prescribed information, deposit return, deductions and replacement tenancy history.	Deposit certificate, prescribed information, payment receipt, scheme emails and return evidence.
AST affected by prohibited tenant fee or holding deposit issue
Usually not applicable	Tenant Fees Act breaches can prevent service of a valid Section 21 notice until remedied.	England	Audit all tenant payments, holding deposit handling, default fees, refunds and permitted payment evidence.	Payment ledger, receipts, tenancy offer, holding deposit terms, refund proof and correspondence.
AST where gas safety compliance is uncertain
May be applicable	In England, gas safety record timing and service can affect Section 21 validity.	England	Check gas installation, record dates, service before occupation, annual checks and tenant delivery proof.	Gas safety records, engineer details, tenant emails, signed receipts and access attempts.
AST where EPC compliance is uncertain
May be applicable	In England, an EPC must usually be given before a valid Section 21 notice can be served.	England	Check EPC requirement, rating, exemption, service on tenant and MEES restrictions.	EPC, EPC register entry, exemption record, email service proof and tenancy pack checklist.
AST where How to Rent guide service is uncertain
May be applicable	For relevant English ASTs, the current How to Rent guide must usually be given before Section 21.	England	Check guide version, service date, email consent and whether a later version must be served.	Signed checklist, email with attachment, tenant acknowledgement and tenancy pack records.

When Is A Section 21 Notice Usually The Right Route?

A Section 21 notice is generally relevant only where the occupier has an assured shorthold tenancy in England or, in limited remaining Welsh contexts, a comparable pre-occupation-contract position. It is most commonly used for private rented homes let to individuals who occupy the property as their only or principal home.

Which Arrangements Usually Need A Different Notice?

Section 21 is usually not suitable for excluded licences, lodgers, holiday lets, common law tenancies, business tenancies, secure or introductory council tenancies, agricultural occupancies, long leases, service occupancies and most student halls or hostel accommodation. These arrangements often have different possession routes, notice requirements or statutory regimes.

What Should Landlords Check Before Using A Section 21 Notice?

Confirm the tenancy type: check the written agreement, who lives there, rent level, landlord identity and whether the property is the occupier's only or principal home.
Check England or Wales: Wales has largely replaced assured shorthold tenancies with occupation contracts under the Renting Homes (Wales) Act 2016, so a standard Section 21 route is usually not the modern Welsh route.
Check statutory restrictions: in England, deposit protection, prescribed information, licensing, energy performance, gas safety and prescribed form requirements can affect whether a Section 21 notice is valid.
Identify excluded or specialist accommodation: lodgers, holiday lets, student halls, supported housing, tied accommodation and agricultural occupation may require different advice before notice is served.