Section 21 Has Been Abolished: What UK Landlords Should Do Now

If you own a rental property in England, the way you end a tenancy changed permanently on 1 May 2026.

Section 21, the no-fault eviction route that landlords have relied on for over 35 years, no longer exists. You cannot serve a new Section 21 notice. If you had one outstanding, you had until 31 July 2026 to start court proceedings or it became unenforceable.

This guide covers what the abolition means in practice, what you need to do right now, how to recover a property under the new Section 8 rules, and the three biggest changes to how you manage a portfolio going forward.

1. What Happened on 1 May 2026

Section 21 of the Housing Act 1988 was abolished by the Renters Rights Act 2025. From 1 May 2026, no landlord in England can serve a Section 21 notice. The abolition applies to all tenancies, not just new ones. Every existing assured shorthold tenancy converted automatically to an assured periodic tenancy on that date.

Three things changed at midnight on 1 May 2026:

1. No new Section 21 notices can be served. Any notice served from 1 May 2026 onwards is invalid from the moment it is issued.

2. All fixed-term tenancies became periodic. There are no more fixed-term assured shorthold tenancies. Every tenancy is now open-ended and rolling.

3. All possession requires a Section 8 ground. If you need to recover a property, you must state a specific legal reason. The court will assess whether that reason holds.

The abolition was confirmed by the government in November 2025 with a commencement date of 1 May 2026. It was first announced by the Conservative government in 2019 and was legislated by Labour through the Renters Rights Act 2025, which received Royal Assent on 27 October 2025.

2. What the 31 July 2026 Deadline Means for You

If you served a Section 21 notice before 1 May 2026, you are in a transitional window. The government allowed landlords who had already served valid Section 21 notices to continue with those cases, but only if court proceedings were started by 31 July 2026. The GOV.UK guidance on possession notices served before 1 May 2026 sets out the full transitional rules.

If you filed court proceedings before 31 July 2026

Your case can continue under the old rules. The court will process it as a Section 21 claim. You do not need to switch to Section 8.

If you did not file by 31 July 2026

Your Section 21 notice is now unenforceable regardless of when it was served or whether it was valid at the time. You must start again from scratch using Section 8. That means serving a new notice, citing a specific ground, and waiting for the relevant notice period before applying to court.

If your Section 21 notice was invalid to begin with

An invalid notice was always unenforceable. Common reasons for invalidity include a deposit not protected in a government-approved scheme, prescribed information not served on the tenant, the How to Rent guide not provided, or a gas safety certificate not given to the tenant at the start of the tenancy. If your notice had any of these defects, you need Section 8.

3. How to Recover a Property Now That Section 21 Is Gone

From 1 May 2026, the only way to end a tenancy and recover possession is through Section 8 of the Housing Act 1988. This requires you to serve a formal notice citing one or more statutory grounds, wait for the notice period to expire, and if the tenant does not leave, apply to court for a possession order.

The process has four steps:

1. Identify the correct Section 8 ground. You must have a ground that applies to your situation. The most common ones for landlords who need the property back are Ground 1 (moving in) and Ground 1A (selling). For tenants in arrears, Ground 8 applies.

2. Serve the notice using Form 3A. The official government form must be used. The notice must clearly state the ground being relied on and the date by which the tenant must leave.

3. Wait for the notice period. Notice periods range from two weeks to four months depending on the ground. The tenant cannot be required to leave before this period ends.

4. Apply to court if the tenant does not leave. If the tenant remains after the notice period, you must apply for a possession order. Courts are currently taking longer to process claims than before commencement. Build in at least six to twelve months from first notice to possession in your planning.

You cannot change the locks, remove the tenant’s belongings, or cut off utilities to force a tenant out. That is illegal regardless of circumstances. The only lawful route is through the courts.

4. The Section 8 Grounds You Need to Know

The Renters Rights Act 2025 added new grounds and amended existing ones. The full schedule of grounds is set out in Schedule 2 of the Housing Act 1988. The following are the most relevant for landlords who need to recover a property.

Ground 1 (amended): Landlord or family member moving in

Notice required: 4 months. This is a mandatory ground, which means the court must grant possession if you prove it. It cannot be used in the first 12 months of a tenancy.

Ground 1A (new): Selling the property

Notice required: 4 months. Mandatory ground. Cannot be used in the first 12 months of a tenancy. You will need supporting evidence that the property is genuinely being sold, such as a solicitor’s letter or proof of marketing.

Ground 6A (new): Local authority enforcement action

Notice required: 4 weeks. Mandatory ground. No restriction on when it can be used. Applies where a local authority has taken enforcement action against the landlord in relation to the property.

Ground 7A (amended): Serious anti-social behaviour

Notice required: 4 weeks. Mandatory ground. No restriction. The behaviour must be serious. Documentation of incidents, dates, and any police or local authority involvement is essential.

Ground 8 (amended): Rent arrears of at least 3 months

Notice required: 4 weeks. Mandatory ground. The arrears must exist both at the time you serve the notice and at the date of the court hearing. If the tenant pays down the arrears below 3 months before the hearing, the mandatory ground no longer applies. Keep a clear rent ledger.

Ground 14 (amended): Anti-social behaviour (discretionary)

Notice required: 2 weeks. Discretionary ground, meaning the court has a choice. Applies to less severe anti-social behaviour than Ground 7A.

The 12-month restriction on Grounds 1 and 1A is one of the most important practical changes. If you purchase a tenanted property, the 12 months runs from the start of the original tenancy, not from your purchase date. A property you buy with sitting tenants may not be recoverable under these grounds for over a year. Factor this into any acquisition decision.

5. What Changes Immediately for How You Manage Tenancies

Three things about day-to-day tenancy management are now permanently different.

You cannot use Section 21 as a backstop

Many landlords served a Section 21 notice near the end of a tenancy as a precaution, to keep the option open in case the tenancy became difficult. That backstop no longer exists. If a problem arises with a tenancy, the only route is Section 8. This means managing tenancies more actively from the start: documented references, clear tenancy agreements, and records kept throughout.

Rent increases now follow a formal process

From 1 May 2026, rent can only be increased once per year using the Section 13 process and Form 4A. The new rent must reflect market rate. The tenant must receive at least two months notice. Any rent review clause in an existing tenancy agreement is unenforceable. Tenants can challenge the proposed increase at the First-tier Tribunal (Property Chamber), which can set a lower rent.

Evidence keeping is now a compliance function

Under Section 21, possession only required a valid notice and compliant paperwork. Under Section 8, possession requires proof that a ground applies. Rent arrears need a clear payment ledger. Anti-social behaviour needs incident logs with dates and witnesses. Intention to sell or move in needs documentary evidence. These records need to be created throughout the tenancy, not assembled in a hurry when a problem arises.

6. What Changes for Portfolio Landlords Specifically

If you own three or more properties, the Renters Rights Act 2025 creates administrative complexity that compounds across the portfolio.

Possession timelines now affect portfolio liquidity

Under Section 21, recovering a property took around three to five months from notice to possession. Under Section 8 with current court delays, it may take six to twelve months or more. If you need to sell a property to release capital, or recover one for refurbishment before re-letting, the timeline is now significantly longer. Any plan that depends on recovering a property needs to account for this delay.

Acquisition decisions need a Section 8 check

Buying a tenanted property used to offer the option of serving a Section 21 notice to clear the tenancy. That route is gone. Before acquiring a tenanted property, assess whether you can use Ground 1 or Ground 1A if needed, when the 12-month restriction lifts, and whether the tenancy terms are acceptable for the long term. This is now a due diligence step, not an afterthought.

Rent review administration scales with portfolio size

A portfolio of ten properties means ten separate annual rent review dates, ten Form 4A notices to prepare and serve, and ten potential tribunal challenges to manage. A centralised calendar tracking each tenancy’s review date and notice deadline is not optional at this scale. It is a compliance requirement.

7. The Private Rented Sector Database: What Is Coming

The abolition of Section 21 is phase one of the Renters Rights Act 2025. Phase two introduces two new compliance structures that do not yet apply but require preparation now.

Private Rented Sector Database (from late 2026)

Registration will be mandatory for all landlords and all properties. Without registration, a landlord cannot market or let a property. Courts will also be unable to grant possession orders for most Section 8 grounds if the landlord is not registered. Regional rollout begins late 2026, with full national coverage in 2027. An annual fee applies. See the GOV.UK guide to the Renters Rights Act for the latest on timelines.

The documents you will need at registration include Energy Performance Certificates, gas safety certificates, electrical installation condition reports, smoke and carbon monoxide alarm records, and deposit protection certificates. Getting these in order now avoids a bottleneck when the database opens.

Private Rented Sector Ombudsman (from 2028)

Membership will be mandatory for all private landlords. Tenants will be able to refer complaints. Decisions are legally binding and can include compensation orders, without any court involvement. A civil penalty of up to £7,000 applies for marketing or letting without database registration.

8. Action Checklist: What to Do Now

Every action below should already be done or be underway. If any are outstanding, address them before anything else.

Immediate actions (should already be done)

• Stop serving Section 21 notices. Any notice served from 1 May 2026 is invalid. Remove this process from your management workflow entirely.
• Check any outstanding Section 21 cases. If you served a notice before 1 May 2026, confirm whether court proceedings were started before 31 July 2026. If not, you need Section 8. See the GOV.UK transitional guidance.
• Serve the government Information Sheet on all existing tenants. This was required by 31 May 2026. If not done, act immediately. Civil penalty up to £7,000 applies.
• Update all tenancy agreement templates. Remove fixed-term clauses, rent review clauses, and any reference to Section 21. All new tenancies must be periodic from the outset.
• Remove all discriminatory advertising language. “No DSS” and “no children” restrictions are now unlawful. Update all listings and agency instructions.

Ongoing actions (start now)

• Build a rent review calendar for the whole portfolio. One review date per tenancy, tracked in a spreadsheet or property management system, with Form 4A dispatch dates noted for each.
• Start keeping proper tenancy records for every property. Rent payment ledgers, maintenance logs, communication records, and inspection notes. These become evidence if a Section 8 case is needed.
• Build Section 8 notice periods into any possession or sale timeline. Ground 1 and Ground 1A both require four months notice. Add court delays on top. Work backwards from the date you need the property and plan accordingly.

Prepare for the database (before late 2026)

• Compile compliance documents for every property. Energy Performance Certificates, gas safety certificates, electrical installation condition reports, smoke and carbon monoxide alarm records, and deposit protection certificates. One complete set per property.
• Write a pet request response process. Tenants now have a statutory right to request a pet. Define your standard response and check head leases on any leasehold properties before responding.

Frequently Asked Questions

Published May 2026. Last reviewed May 2026. For information only and not legal advice. Verify current rules at GOV.UK. Speak with a qualified adviser for guidance on your specific circumstances.