Section 21 abolished: what it means for landlords in England
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Section 21 "no-fault" evictions have been banned for private landlords [1]. Every assured shorthold or assured tenancy that began before 1 May 2026 became an assured periodic tenancy on that date [2]. A section 21 notice served before 1 May 2026 could usually only be used to start court proceedings within 6 months of serving it or by 31 July 2026, whichever was sooner [3]. After 31 July 2026 you usually can't use a section 21 notice at all [3]. Today, you serve a section 8 notice on form 3A, state your grounds, and give the right notice period, which is usually 2 to 4 months for no-fault reasons such as selling or moving in, and shorter where the tenant is at fault [2][3][5].
Section 21 abolished: that's the position for private tenancies in England since 1 May 2026, when the Renters' Rights Act's new tenancy system took effect [1]. Since that date you can't serve a section 21 notice, even if the tenancy agreement says you can [2]. To get a property back you now need a valid reason, called a ground for possession, and you give notice using a section 8 notice [2][3].
This is general information for England, not legal advice. Wales, Scotland and Northern Ireland have their own rules.
When was section 21 abolished?
The Renters' Rights Act completed its passage through Parliament on 22 October 2025 and received Royal Assent on 27 October 2025 [5]. The government published a separate implementation timeline on 13 November 2025 [5].
The new tenancy system started on 1 May 2026 [1]. The government chose to bring it in in one stage, so existing tenancies converted at the same time as new ones started under the new rules [5]. From that date, landlords could no longer serve new section 21 notices or old-style section 8 notices [5].
The government's own summary on 30 April 2026 was blunt: section 21 evictions "have been banned for good, so tenants can no longer be evicted by a private landlord without a valid reason" [1].
Social housing is different. The government said it would apply the new system to tenancies where the landlord is a private registered provider of social housing at a later date [5]. This guide is about private landlords.
What happened to a section 21 notice served before 1 May 2026?
If you served a section 21 notice in early 2026, these are the rules that applied to it.
GOV.UK sets out the rule [3]:
- You could usually only use a section 21 notice to start court proceedings for up to 6 months after you gave it, or until 31 July 2026, whichever was sooner.
- After 31 July 2026, you usually can't use a section 21 notice to start an eviction process, even if you served it less than 6 months ago.
- If you didn't apply to court in time, the section 21 notice became invalid and the tenancy is an assured periodic tenancy. You'll need to serve a new section 8 notice and apply for a possession order.
Old-style section 8 notices served before 1 May 2026 had a similar long-stop: usually up to 12 months after service or until 31 July 2026, whichever was sooner [3].
Accelerated possession
The accelerated route, which landlords used with section 21, is largely closed. GOV.UK says you can't usually apply for an accelerated possession order now, even if you gave a valid section 21 notice before 1 May 2026 [4]. If you made a valid application on or before 31 July 2026, the court will issue it [4]. There's a narrow exception for section 8 rent arrears notices where the tenant was in a "breathing space" debt respite arrangement: you get 8 weeks from the date it ended to take your claim to court [4]. The application fee is £415 [4].
If you're in any of these situations, take legal advice. The dates are fixed and there's no flexibility once they pass.
How to end a tenancy now: section 8 notices
Since section 21 was abolished, the only way to end an assured periodic tenancy is with a valid ground [2]. GOV.UK's examples of valid reasons include [2]:
- you want to live in the property,
- you want to sell the property,
- your tenant owes you rent,
- your tenant has broken any other term of the tenancy,
- your tenant has damaged the property,
- your tenant has committed antisocial behaviour.
Step by step
- Pick the right ground. Check the full grounds list and their notice periods [5].
- Use form 3A. You must fill in form 3A of the assured tenancy forms for a section 8 notice [3].
- State your grounds and give evidence. You can include evidence, such as bank statements showing unpaid rent [3].
- Give at least the minimum notice for the grounds you use. You can give more if you want to [2].
- Check your deposit compliance. If you took a deposit, you must have protected it in a government-approved scheme [2]. At the hearing, the court will only grant possession if you returned it, a court challenge about it has been resolved, or it's still protected and you've followed the rules and given the prescribed information [3]. These deposit rules don't apply to antisocial behaviour grounds 7A and 14 [3].
- Keep proof of service. Fill in form N215, or write "served by [your name] on [the date]" on the notice [3].
- Apply to court if the tenant stays. For a section 8 notice served on or after 1 May 2026, you'll usually have up to 12 months to apply [3].
Never remove a tenant by force. Harassment and illegal eviction are offences, and illegal eviction can lead to a prison sentence [2][3].
The section 8 grounds landlords use most
The government's guide to the Act lists every ground with its notice period [5]. These are the ones most private landlords need:
| Ground | Reason | Type | Notice |
|---|---|---|---|
| 1 | Landlord or close family moving in. Not in the first 12 months of a new tenancy | Mandatory | 4 months [5] |
| 1A | Landlord selling. Not in the first 12 months of a new tenancy | Mandatory | 4 months [5] |
| 2 | Lender selling with vacant possession | Mandatory | 4 months [5] |
| 4A | HMO let to full-time students, needed for new students (conditions apply) | Mandatory | 4 months [2] |
| 6A, 6B and 6 | Redevelopment and enforcement grounds | Mandatory | Varies [5] |
| 7A | Severe antisocial or criminal behaviour | Mandatory | See guide [5] |
| 7B | No right to rent, after Home Office notice | Mandatory | 2 weeks [5] |
| 8 | At least 3 months' arrears (13 weeks if paid weekly or fortnightly), at notice and at hearing | Mandatory | 4 weeks [5] |
| 10 | Any rent arrears | Discretionary | 4 weeks [5] |
| 11 | Persistently late rent | Discretionary | 4 weeks [5] |
| 12 | Breach of tenancy (other than rent) | Discretionary | 2 weeks [5] |
| 13 | Deterioration of the property | Discretionary | 2 weeks [5] |
| 14 | Antisocial behaviour | Discretionary | See guide [5] |
| 15 | Deterioration of furniture | Discretionary | 2 weeks [5] |
| 17 | Tenancy granted on a false statement | Discretionary | 2 weeks [5] |
Mandatory vs discretionary. With a mandatory ground, if your evidence proves it, the court must give you a possession order. With a discretionary ground, the court decides whether eviction is reasonable [3].
The 12-month protected period
You can't evict in the first 12 months of a tenancy because you want to move in or sell [3][5]. If you use those grounds, you'll need to give 4 months' notice [5], and you can't market or re-let the property for 12 months afterwards [5]. The government says that rule is there to stop the moving and selling grounds being abused [5].
Rent arrears after section 21
The mandatory rent arrears threshold went up from 2 to 3 months' arrears, and the notice period from 2 weeks to 4 [5]. Discretionary arrears grounds are still there, for example if rent is repeatedly late [5]. If your tenant is on Universal Credit or Housing Benefit, you may be able to have rent paid straight to you ("managed payments") instead of evicting [3].
Student lets after section 21
Assured periodic tenancies can't have an end date, even for students [2]. Ground 4A lets you regain an HMO let to full-time students at the end of the academic year, if all the conditions apply, including giving written notice of the ground before the tenancy was signed and giving 4 months' notice ending between 1 June and 30 September [2].
Your tenant's side
Tenants can end the tenancy with 2 months' notice at any point, unless you've agreed a shorter period [1][2]. If a tenant gave valid notice before 1 May 2026, that notice still applies [6].
Why your records matter more now
Without section 21, almost every possession claim depends on evidence. A judge will look at whether your ground is proved and, for discretionary grounds, whether eviction is reasonable [3]. Tenants may raise repairs, and the court will check deposit compliance [3]. A landlord with dated records of every repair, every certificate and every document served is in a much stronger position.
That's what Gaffy keeps. Tenants report repairs through each property's repair link, every request sits in your maintenance inbox with status and outcome, and gas safety records, EICRs, EPCs and deposit documents live in the property vault with expiry reminders. Gaffy costs £12 a month for up to 5 properties, plus £4 a month per extra property, and the first month is free. We'll set your properties up for you.
People also ask
Is section 21 abolished?
Yes, for private tenancies in England. Section 21 no-fault evictions were banned from 1 May 2026 [1].
Can I still serve a section 21 notice?
No. You can't serve a section 21 notice from 1 May 2026, even if the tenancy agreement says you can [2].
Can I still use a section 21 notice I served before May 2026?
Usually not now. You had to start court proceedings within 6 months of serving it or by 31 July 2026, whichever was sooner [3].
What replaced section 21?
Section 8 notices with specific grounds, such as selling, moving in, or rent arrears [2][3].
How much notice does a landlord have to give now?
Usually at least 2 months and up to 4 months for the grounds you're using [2]; 4 months to sell or move in [5]; shorter where the tenant is at fault, such as 4 weeks for ground 8 arrears [5]. See Renters' Rights Act notice periods.
FAQ
Does section 21 abolition apply in Wales?
No. This guide covers England; Wales has separate rules [7].
Can I sell my rented property now?
Yes, using ground 1A, but not in the first 12 months of a new tenancy, and with 4 months' notice [5].
What form do I use for section 8?
Form 3A of the assured tenancy forms [3].
How long do I have to apply to court?
Usually up to 12 months after serving a section 8 notice given on or after 1 May 2026 [3].
What does Gaffy cost?
£12 a month for up to 5 properties, plus £4 a month per extra property. First month free, and we'll set your properties up for you.
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Sources
- MHCLG, When will the Renters' Rights Act come into force? (30 April 2026): https://www.gov.uk/government/news/when-will-the-renters-right-act-come-into-force
- GOV.UK, Assured periodic tenancies: a guide for landlords, Ending a tenancy: https://www.gov.uk/assured-tenancy-agreements-a-guide-for-landlords/ending-a-tenancy
- GOV.UK, Evicting tenants in England: giving notice to evict tenants: https://www.gov.uk/evicting-tenants/giving-notice-to-evict-tenants
- GOV.UK, Evicting tenants in England: accelerated possession orders: https://www.gov.uk/evicting-tenants/accelerated-possession-orders
- MHCLG, Guide to the Renters' Rights Act: https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act
- GOV.UK, Assured periodic tenancies: if the tenancy started before 1 May 2026: https://www.gov.uk/assured-tenancy-agreements-a-guide-for-landlords/if-the-tenancy-started-before-1-may-2026
- GOV.UK, Evicting tenants in England (overview): https://www.gov.uk/evicting-tenants