Section 21 Is Gone — What Every Landlord in England Must Do Now

By RentVault Team · Published 2026-06-09 · 8 min read

Section 21 no-fault evictions were abolished on 1 May 2026 under the Renters' Rights Act 2025. Here is what changed, what grounds you can now use, and exactly what to do next.

What happened on 1 May 2026. Section 21 no-fault eviction notices were abolished in England on 1 May 2026 under the Renters' Rights Act 2025. All existing tenancies automatically converted to assured periodic tenancies on that date. You can no longer serve a Section 21 notice to recover possession of your property. This guide explains what replaces it and exactly what to do.

What was Section 21 and why has it gone?

Section 21 of the Housing Act 1988 allowed landlords to recover possession of a property at the end of a fixed-term tenancy without giving a reason. The landlord simply served two months' notice and applied to court if the tenant didn't leave. It was known as a "no-fault" eviction because no breach of tenancy, rent arrears, or other reason was required.

The Renters' Rights Act 2025 abolished Section 21 as part of the most significant reform of England's private rented sector in thirty years. The government's position was that Section 21 created insecurity for tenants and was used inappropriately in some circumstances. All fixed-term assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026, giving tenants ongoing security of tenure for as long as they pay rent and comply with their tenancy obligations.

For landlords, this is not a temporary change or a pilot. It is permanent. Section 21 is gone and will not return.

What about Section 21 notices already served before 1 May 2026?

If you served a valid Section 21 notice before 1 May 2026, there is a transitional window. To remain enforceable, possession proceedings must have been issued at court by 31 July 2026. If you served a Section 21 notice before 1 May but have not yet issued court proceedings, you have until 31 July 2026 to do so — after that date, the notice becomes invalid and you would need to use the new Section 8 grounds instead.

If you are in this position, take legal advice immediately. Do not delay.

What replaces Section 21? The Section 8 grounds for possession

Landlords can still recover possession of their property — but they must now rely on one of the specified grounds under Section 8 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. These grounds cover the legitimate reasons a landlord would genuinely need to end a tenancy.

The grounds are divided into mandatory grounds (where the court must grant possession if the ground is proven) and discretionary grounds (where the court has discretion to grant or refuse possession even if the ground is proven).

Mandatory grounds — court must grant possession

• Ground 1 — Landlord wants to move in: You or a close family member intend to occupy the property as your or their only or principal home. Four months' notice required. Cannot be used in the first year of the tenancy.
• Ground 1A — Selling the property: You intend to sell the property. Four months' notice required. Cannot be used in the first year of the tenancy.
• Ground 6 — Redevelopment: You intend to demolish or carry out substantial works that cannot be done with the tenant in occupation.
• Ground 7A — Serious anti-social behaviour: The tenant, someone living with them, or a visitor has been convicted of a serious criminal offence or is subject to a relevant order related to anti-social behaviour.
• Ground 8 — Serious rent arrears: The tenant owes at least three months' rent (if paying monthly) or 13 weeks' rent (if paying weekly) both at the date of the notice and at the date of the court hearing. Two months' notice required.
• Ground 14A — Domestic abuse: The landlord is a private registered provider of social housing and the tenant or partner has left the property due to domestic abuse by the other.

Discretionary grounds — court may grant possession

• Ground 10 — Rent arrears (lesser amounts): Some rent is overdue. Court has discretion to grant or refuse.
• Ground 11 — Persistent late payment: The tenant has persistently delayed paying rent, even if not currently in arrears.
• Ground 12 — Breach of tenancy: Any obligation of the tenancy other than rent has been broken.
• Ground 13 — Deterioration of property: The condition of the property has deteriorated due to waste, neglect, or default by the tenant.
• Ground 14 — Anti-social behaviour: The tenant, someone living with them, or a visitor has been guilty of conduct causing nuisance or annoyance to neighbours or the landlord.
• Ground 15 — Deterioration of furniture: Furniture provided by the landlord has deteriorated due to ill-treatment by the tenant.
• Ground 17 — Obtained tenancy by false statement: The tenant induced the landlord to grant the tenancy by knowingly or recklessly making a false or misleading statement.

Notice periods under the new regime

Notice periods have changed under the Renters' Rights Act. The key notice periods landlords need to know are:

• Ground 1 (moving in) and Ground 1A (selling): Four months' notice
• Ground 8 (serious rent arrears): Two months' notice
• Ground 14 (anti-social behaviour): Immediate — notice can expire the same day it is served in serious cases
• Ground 7A (serious criminal conviction): Four weeks' notice
• Most other grounds: Two months' notice

Important: you cannot evict in the first year. The Renters' Rights Act introduced a prohibition on using Grounds 1 and 1A (moving in or selling) in the first 12 months of a tenancy. This applies to all new tenancies from 1 May 2026 and to all existing tenancies from 1 May 2026. If you want to recover possession to move in or sell, you must wait until the tenancy is at least 12 months old.

How to serve a Section 8 notice correctly

A Section 8 notice must be served using the prescribed form — Form 3, available from GOV.UK. The notice must:

1. Identify the correct ground or grounds. You must specify which ground or grounds you are relying on. You can rely on multiple grounds in the same notice.
2. State the ground in full. The notice must set out the full text of the ground and the specific facts you rely on to show the ground is met.
3. Give the correct notice period. The notice period varies by ground — see above. The notice must specify the date on or after which possession proceedings can begin.
4. Serve it correctly. The notice must be served on the tenant personally, by leaving it at the property, or by post. Email is not valid service unless the tenancy agreement explicitly permits it. Keep proof of service.
5. Apply to court if the tenant doesn't leave. If the tenant remains after the notice expires, you must apply to the county court for a possession order. This cannot be done until the notice period has expired. Court fees apply.

Do not attempt to evict without a court order. Attempting to evict a tenant without a court order — by changing locks, removing belongings, or cutting off utilities — is illegal harassment. Penalties include unlimited fines and criminal liability. Always follow the legal process.

What landlords should do right now

The transition to a Section 8-only possession regime requires landlords to update their practices immediately. Here is what you should do:

1. Review all existing tenancies. All tenancies are now periodic. There are no more fixed-term tenancies. Check your records and update your tenancy management system to reflect this.
2. Build a paper trail from day one. Under the new regime, evidence matters more than ever. Log every communication with tenants. Photograph repairs. Record rent payments. Keep copies of everything. The strongest Section 8 cases are built on thorough documentation built up over time — not assembled in a hurry when problems arise.
3. Act on rent arrears early. Ground 8 (serious arrears) requires three months of unpaid rent at both the notice date and the court hearing date. If you let arrears accumulate, the tenant paying some rent before the hearing can invalidate your Ground 8 claim. Issue a formal payment reminder as soon as rent is one week overdue. Keep records of every communication.
4. Understand what your tenancy agreement covers. Many standard AST templates were written for the Section 21 world. Review your current template to ensure it clearly covers obligations that give you grounds for Section 8 if needed — maintenance, noise, subletting, alterations. Update templates now.
5. Know your grounds before you need them. Familiarise yourself with the grounds above. If tenant problems arise, you need to know immediately which ground applies so you can start building the evidence required for that specific ground.
6. Take legal advice for complex situations. Possession under the new regime is more complex than a Section 21 notice. For anything beyond straightforward rent arrears, take legal advice before serving any notice.

What the court process looks like now

Court possession proceedings under Section 8 follow this general process:

1. Serve the Section 8 notice. On the prescribed Form 3, specifying grounds and notice period.
2. Wait for the notice period to expire. You cannot issue court proceedings until the notice period has passed.
3. Apply to the county court. File an N5B claim form (accelerated possession) or a standard possession claim. Court fees currently start at £391 for an accelerated possession claim.
4. Attend the hearing. A hearing will be listed. For mandatory grounds with clear evidence, the court should grant possession. For discretionary grounds, be prepared to present your case and evidence.
5. Receive the possession order. The order specifies when the tenant must leave. If they don't leave by that date, you can apply for a warrant of possession for the bailiff to enforce.

Court backlogs. County court possession proceedings currently experience significant delays in many areas. From notice to court hearing can take three to six months or longer. Building a strong, well-documented case from the outset — and having legal representation where appropriate — gives you the best chance of an efficient resolution.

Frequently asked questions

Q: Can I still use Section 21 if I served the notice before 1 May 2026?

Yes — but only if you issue court proceedings by 31 July 2026. After that date, any pre-May Section 21 notice becomes invalid and you would need to use Section 8 grounds instead.

Q: My tenant has stopped paying rent. What do I do?

Issue a formal written payment reminder immediately. If arrears reach two months, you can serve a Section 8 notice on Ground 8 (mandatory) or Grounds 10 and 11 (discretionary). For Ground 8 to succeed at court, the tenant must still owe at least three months' rent on the day of the hearing — so act before arrears are partially paid down.

Q: I want to sell my property. Can I evict my tenant?

Yes — using Ground 1A. But you must give four months' notice and you cannot use this ground in the first 12 months of the tenancy. You will also need to demonstrate to the court that you genuinely intend to sell. Keep evidence of marketing activity, estate agent instructions, and sale progression.

Q: I want to move back into my property. Can I evict my tenant?

Yes — using Ground 1. Four months' notice required. Cannot be used in the first 12 months of the tenancy. You must demonstrate genuine intention to occupy as your principal home. Evicting under Ground 1 and then immediately re-letting the property is an abuse of process.

Q: What if my tenant is causing problems with neighbours?

Ground 14 (discretionary) applies to anti-social behaviour causing nuisance or annoyance. For serious criminal behaviour, Ground 7A (mandatory) may apply. In both cases, build a documented evidence trail — complaints from neighbours, police reports, warning letters sent to the tenant.

Q: Are there still fixed-term tenancies?

No. All tenancies are now assured periodic tenancies. From 1 May 2026 it is not possible to create a new fixed-term tenancy in the private rented sector in England.

Q: How does RentVault help with the new possession regime?

RentVault automatically logs rent payments, maintenance requests, tenant communications, and compliance actions — building the documentary evidence trail that Section 8 possession claims depend on. Every entry is timestamped and stored permanently.

Build the evidence trail that Section 8 depends on — automatically

RentVault logs every rent payment, maintenance action, tenant communication, and compliance certificate — timestamped and stored permanently. If you ever need to use Section 8, the evidence is already there.

• Rent payment tracking with arrears alerts
• Tenant communication log with timestamps
• Repair history with photos and dates
• Tenancy documents and e-signatures stored permanently
• Compliance score tracking across your portfolio

Sources: Housing Act 1988 (as amended by the Renters' Rights Act 2025) · GOV.UK guidance on the Renters' Rights Act · Ministry of Housing, Communities and Local Government · Boyes Turner · Pinsent Masons.

This article is for general information purposes only and does not constitute legal advice. For specific possession situations, seek independent legal advice.