What Was a Section 21 Notice?
A Section 21 notice was the standard way for a private landlord to end an assured shorthold tenancy in England without giving a reason. The landlord served a written notice giving at least two months, and the tenant did not have to be at fault. If the tenant did not leave by the date on the notice, the landlord could apply to the county court for a possession order.
The Housing Act 1988 introduced it. Because no reason was needed, it was widely called a "no-fault eviction".
Section 21 had strict requirements. The notice had to be valid, and various conditions had to be met before it could be served, including deposit protection, providing the tenant with an energy performance certificate and a gas safety certificate, and giving them the government's "How to Rent" guide. If any of these were missing, the notice could be invalid.
The prescribed form for tenancies in England was Form 6A. It was published on GOV.UK.
Why Landlords Used Section 21
Section 21 was popular because it was predictable. If the notice was valid and the tenant did not leave, the landlord could use the accelerated possession procedure in the county court. This procedure did not require a hearing in most cases, so it was faster and cheaper than a contested Section 8 claim. Many landlords treated it as the default route, even when they had a specific reason such as rent arrears or wanting to sell. That reliance is why the change matters.
The "How to Rent" Guide and Other Preconditions
Before serving a Section 21 notice, the landlord had to have given the tenant the government's "How to Rent" guide (for tenancies in England starting on or after 1 October 2015), a valid energy performance certificate and a current gas safety certificate. The tenant's deposit had to be protected in a government-approved scheme, and the prescribed information about the scheme had to have been given. If any of these were missing, the notice could be challenged. Courts regularly struck down Section 21 notices for these failures.
When Was Section 21 Abolished?
Section 21 was abolished on 1 May 2026. The Renters' Rights Act 2025, which received Royal Assent on 27 October 2025, provided for its abolition. The government's implementation roadmap set 1 May 2026 as the date for the Act's first phase, which included the end of Section 21, the end of fixed-term assured tenancies, and the introduction of the new possession framework.
The government's Housing Hub for landlords confirms that from 1 May 2026, landlords can no longer use Section 21 to evict tenants.
Can I Still Use a Section 21 Notice I Already Served?
No, not to start a new claim. You cannot serve a new Section 21 notice on or after 1 May 2026. The government's tenant-facing Housing Hub page says a landlord cannot give a Section 21 notice on or after 1 May 2026, even if the tenancy agreement says they can.
If you served a valid Section 21 notice before 1 May 2026 and had not yet started court proceedings, you needed to apply to court by 31 July 2026. That deadline has now passed.
If court proceedings were already underway before 1 May 2026, they could continue.
In summary:
Situation | Position as of October 2026 |
|---|---|
New Section 21 notice | Cannot be served. Not available. |
Notice served before 1 May 2026, proceedings started before 1 August 2026 | The proceedings can continue. |
Notice served before 1 May 2026, proceedings not started by 31 July 2026 | The notice can no longer be used. |
Proceedings already underway before 1 May 2026 | They continue under the previous rules while in progress. |
The government's tenant page says a notice served before 1 May 2026 is still valid only if the landlord applied for an eviction order before 1 August 2026.
Transitional Rules for Pre-Abolition Notices
The Renters' Rights Act includes transitional provisions for notices served before 1 May 2026. The key points, verified from the government's official Housing Hub:
A Section 21 notice served on or before 30 April 2026, following the correct process, remained valid.
In most cases, the landlord could still apply to court for a possession order until 31 July 2026 if the tenant had not left.
If the landlord had already served a Section 21 notice and started court proceedings before 1 May 2026, the Renters' Rights Act did not apply to that tenancy while those proceedings were taking place.
A tenancy did not convert to an assured periodic tenancy on 1 May 2026 if a valid Section 21 or Section 8 notice had been served before that date and possession proceedings had not yet concluded.
If the 31 July 2026 deadline has passed and you did not start proceedings, you can no longer use the Section 21 notice. You would need to use the new Section 8 grounds if you still want to seek possession.
What Is a No-Fault Eviction?
"No-fault eviction" was the common term for a Section 21 eviction, because the landlord did not need to give a reason. The tenant did not have to have done anything wrong. The landlord simply had to serve a valid notice and wait for it to expire.
The Renters' Rights Act ended no-fault evictions in England's private rented sector. The government's Housing Hub says landlords can now only evict tenants when they have a specific, legally valid reason, otherwise known as a "possession ground".
What Replaces Section 21?
Section 8 of the Housing Act 1988 is now the only route to possession for private landlords in England. The Renters' Rights Act amended Schedule 2 of the Housing Act 1988, which lists the grounds for possession.
The government's Housing Hub says the reformed possession grounds have been extended to make it easier for landlords to evict tenants when they want to sell the property, move into it, or move in family members. It also says the changes have made it easier to evict tenants who commit anti-social behaviour.
The government has published separate guidance on the valid possession grounds:
Ground 1 (landlord or family member wants to live in the property)
Ground 1A (landlord wants to sell the property)
Ground 4A (student HMO tenancies, between 1 June and 30 September)
Grounds for rent arrears (including revised thresholds)
Grounds for anti-social behaviour (including a strengthened mandatory ground)
Each ground has its own notice period, and some are mandatory (the court must grant possession if the ground is proved) while others are discretionary (the court can consider whether it is reasonable to grant possession).
For the full list and notice periods, the government directs landlords to the published grounds for possession guidance on GOV.UK.
This article does not reproduce the full grounds table, because that belongs in the main Renters' Rights Act guide. What matters is that these grounds have replaced Section 21, and landlords need to plan around them.
Section 21 vs Section 8: Key Differences
This table compares how the two routes worked, to help landlords who are used to Section 21 understand the change.
Requirement | Section 21 (before 1 May 2026) | Section 8 (current) |
|---|---|---|
Reason needed? | No | Yes, one or more grounds from Schedule 2 |
Notice period | Minimum 2 months | Varies by ground (from 2 weeks to 4 months) |
Prescribed form | Form 6A | Form 3A |
Court hearing | Accelerated procedure possible (no hearing) | Hearing required in most cases |
Possession order | Mandatory if notice valid | Mandatory or discretionary, depending on the ground |
Available now? | No | Yes, this is the only route |
The practical effect is that possession now takes longer in most cases, requires evidence, and usually involves a court hearing. Landlords should factor this into their planning.
What This Means in Practice
Under Section 21, a landlord could serve a notice and apply to court with minimal paperwork. Under Section 8, the landlord must identify the correct ground, gather evidence to support it, serve the notice using Form 3A, wait for the notice period to expire, and then apply to court. A hearing is usually required, and the judge will consider whether the ground is proved and, for discretionary grounds, whether it is reasonable to grant possession.
For landlords who want to sell or move in, the new grounds (1A and 1) are mandatory, meaning the court must grant possession if the ground is proved and the correct process was followed. But the notice periods are longer than Section 21's two months, and there are restrictions on re-letting the property for 12 months after possession is obtained on these grounds.
For rent arrears, antisocial behaviour and other tenant-fault grounds, the process depends on the specific ground. Some are mandatory, some discretionary. Some require evidence of repeated or serious breaches. Check the government's published grounds for possession guidance for the current notice periods and requirements.
What Landlords Need to Do Now
1. Stop relying on Section 21: It is gone. Build any possession plan around the Section 8 grounds.
2. Understand the new grounds: Read the government's published guidance on possession grounds. Work out which ground fits your situation before you serve a notice.
3. Use the correct form: The government has published new versions of the assured tenancy forms on GOV.UK. Section 8 notices use Form 3A.
4. Check your tenancy paperwork: All assured shorthold tenancies became assured periodic tenancies on 1 May 2026. You must have given existing tenants the government's Renters' Rights Act Information Sheet by 31 May 2026. For new tenancies from 1 May 2026, you must provide written tenancy information as set out in the government's guidance. You no longer need to provide the "How to Rent" guide.
5. Keep good records: Under the new framework, you need evidence to support a possession claim. That means records of rent payments, arrears, correspondence, repairs, anti-social behaviour reports and anything else relevant to the ground you may rely on.
6. Take advice early: If you need to seek possession, the process is more involved than it was under Section 21. Consider taking legal advice or talking to your letting agent before you serve a notice.
7. Plan for longer timelines: Possession claims under Section 8 generally take longer than Section 21 claims did. Allow for the notice period (which varies by ground), court processing time, a hearing, and enforcement if the tenant does not leave after the possession order. Build this into your planning if you need the property back by a particular date.
8. Understand the re-letting restrictions: If you use Ground 1 (moving in) or Ground 1A (selling), you cannot re-let the property within 12 months of obtaining possession. The government's Housing Hub says each marketing act is a separate breach. This is a significant change from the old system, where Section 21 carried no such restriction.
Common Section 21 Mistakes Landlords Made
These are worth knowing, because some of the same principles apply to the new system, and because pre-abolition notices still in the court system may be challenged on these grounds.
Not Protecting the Deposit
A Section 21 notice was invalid if the tenant's deposit was not protected in a government-approved scheme and the prescribed information had not been given. Deposit protection remains a legal requirement under the new system.
Not Providing Required Documents
A landlord had to give the tenant an energy performance certificate, a gas safety certificate and the "How to Rent" guide before a valid Section 21 notice could be served. Under the new system, the "How to Rent" guide is no longer required, but the Information Sheet is. Safety certificates remain important.
Serving the Notice Too Early
A Section 21 notice could not be served in the first four months of a tenancy. That restriction no longer applies to Section 8, but some grounds have their own timing rules.
Using the Wrong Form
Section 21 required Form 6A. Using the wrong form, or not using the form at all, made the notice invalid. Under the new system, Section 8 notices use Form 3A
Missing the Court Deadline
A Section 21 notice had to be acted on within six months of expiry. For pre-abolition notices, the separate 31 July 2026 deadline also applied. Missing either meant the notice was wasted.
Retaliatory Eviction
Under the Deregulation Act 2015, a Section 21 notice could be invalid if it was served in response to a tenant's complaint about the condition of the property and the council had taken certain action. Under the new system, the Renters' Rights Act 2025 provides protections against retaliatory eviction through section 16E of the Housing Act 1988 (inserted by section 13 of the Act), which prohibits landlords and those acting for them from misusing possession grounds or taking steps that infringe a tenant's security of tenure.
Conclusion
Section 21 ended on 1 May 2026. The transitional window for pre-abolition notices closed on 31 July 2026. Every possession claim now runs through Section 8, which requires a specific ground, evidence and usually a court hearing. Landlords who were used to Section 21 need to understand the new grounds, use the correct forms, keep good records and plan for a longer process. Read the government's published guidance on GOV.UK and take advice if you are unsure about your situation.
