Section 21 of the Housing Act 1988 gave landlords in England the right to end a tenancy without stating a reason. It was called a no-fault eviction because no fault on the part of the tenant was required. The landlord served the notice, waited two months, and if the tenant did not leave, applied to court.
The Renters Rights Act 2025 abolished Section 21 from 1 May 2026. Any landlord who needs to recover a property now must use Section 8, which requires a specific legal reason.
This guide explains what Section 21 was, how it worked, why it was removed, and what has replaced it, including the Section 8 grounds that now govern every possession case in the private rented sector in England.
1. What Section 21 Was
Section 21 of the Housing Act 1988 was a provision that allowed a landlord to end an assured shorthold tenancy and require the tenant to leave, without needing to give any reason for doing so.
It was designed to give landlords confidence that they could get their property back when they needed it, to sell, to move back into, to refurbish, or simply because they no longer wanted to let. The argument was that without this certainty, fewer landlords would enter the private rented sector at all.
For tenants, Section 21 created insecurity. A tenant could lose their home without doing anything wrong, with as little as two months notice. Research showed many tenants were reluctant to report disrepair or dispute rent increases because they feared receiving a Section 21 notice in response.
Section 21 in numbers
- 35+ years: How long Section 21 was law in England
- 2 months: Minimum notice required
- 1 May 2026: Date Section 21 was abolished
2. How a Section 21 Notice Worked
Serving a valid Section 21 notice was not as simple as writing a letter. Several conditions had to be met before the notice was legally valid. Failing any one of them made the notice unenforceable and a court would reject the possession claim.
Requirements for a valid Section 21 notice
1. Use Form 6A. The official government form was required. A letter or informal notice was not valid.
2. Give at least two months notice. The notice had to give the tenant at least two months before the possession date. For periodic tenancies, the date had to align with the end of a rental period.
3. Protect the deposit and provide required documentation. If a deposit had been taken, it had to be protected in a government-approved scheme. The tenant also had to receive the deposit certificate and the prescribed information.
4. Provide a valid Energy Performance Certificate. A copy of the property’s Energy Performance Certificate must have been given to the tenant at the start of the tenancy.
5. Provide a valid gas safety certificate. If the property used gas, a current gas safety certificate must have been in force at the start of the tenancy and a copy provided to the tenant.
6. Provide the How to Rent guide. The current version of the government’s How to Rent guide had to be given to the tenant at the start of the tenancy.
7. Start court proceedings within 6 months. If the tenant did not leave voluntarily, the landlord had to apply to court within 6 months of serving the notice. After 6 months, the notice expired.
If the tenant did not leave by the date in the notice, the landlord could not change the locks, remove belongings, or cut off utilities. The only lawful route to recover the property was through the courts using an accelerated possession claim. Courts typically processed these within a few months, though backlogs sometimes extended that significantly.
3. Why Section 21 Was Abolished
The case against Section 21 built up over years. Government data consistently showed it as a leading cause of homelessness among private renters. Shelter and Citizens Advice documented cases of tenants being evicted after complaining about disrepair, a practice known as retaliatory eviction.
A 2019 English Housing Survey found that tenants in the private rented sector had on average lived in their home for just 4.3 years, compared to 11.3 years for social renters. The lack of security was identified as a barrier to families settling in an area, children staying in schools, and older renters planning long-term.
The Conservative government under Boris Johnson committed to abolishing Section 21 in 2019. The Renters Reform Bill was introduced in 2023 but fell when Parliament dissolved ahead of the 2024 general election. Labour included abolition in its 2024 manifesto. The Renters Rights Act 2025 delivered it.
Section 21 was used for decades as the standard way to end a tenancy at the end of a fixed term, even where there was no problem with the tenant. Many landlords were unaware they could also use Section 8 in those circumstances. From 1 May 2026, Section 8 is the only route.
4. When Section 21 Ended and the Transition Rules
Section 21 was abolished on 1 May 2026. From that date, no new Section 21 notices could be served. All existing assured shorthold tenancies converted automatically to assured periodic tenancies.
Key dates for the Section 21 abolition
27 October 2025: Royal Assent The Renters Rights Act 2025 becomes law. Section 21 still valid until the commencement date.
30 April 2026: Last day to serve a valid Section 21 notice The notice had to be received by the tenant before 4:30pm on 30 April 2026. Notices served on 1 May 2026 or later are invalid.
1 May 2026: Section 21 abolished No new Section 21 notices from this date. All tenancies become periodic. All possession must use Section 8.
31 July 2026: Final court deadline for pre-May 2026 notices Any Section 21 notice served before 1 May 2026 must have court proceedings started by 31 July 2026. After this date those notices are unenforceable, even if validly served. The GOV.UK guidance on possession notices served before 1 May 2026 covers the transitional rules in full.
If you served a valid Section 21 notice before 1 May 2026 but have not yet started court proceedings, the deadline to file your possession claim is 31 July 2026. Miss this date and the notice lapses. You would need to start again using Section 8.
5. What Replaces Section 21
Section 8 of the Housing Act 1988 is now the only legal route to end a tenancy and recover possession of a residential property in England. Unlike Section 21, Section 8 requires a landlord to cite a specific statutory ground for possession.
The Renters Rights Act 2025 expanded and strengthened the Section 8 grounds to make sure landlords have clear routes to recovery where they need to sell, move in, deal with rent arrears, or address anti-social behaviour. Several new grounds were added and notice periods were adjusted.
From 1 May 2026, all Section 8 notices must use Form 3A, the new prescribed form that replaced the old Form 3. A letter or earlier version of the form is not valid.
Section 8 is not an emergency process. Notice periods range from two weeks to four months depending on the ground. If the tenant does not leave after the notice period, the landlord must apply to court for a possession order. Court timelines can add several months on top of that. Landlords who need to recover a property should plan well in advance.
6. The Section 8 Grounds Landlords Now Use
The Section 8 grounds are divided into mandatory grounds, where the court must grant possession if the ground is proved, and discretionary grounds, where the court may grant possession but has a choice. The full schedule of grounds is set out in Schedule 2 of the Housing Act 1988, as amended by the Renters Rights Act 2025.
Mandatory grounds (court must grant if proved)
Ground 1 (amended): Landlord or close family member needs to move into the property. Notice required: 4 months. Restriction: Cannot be used in the first 12 months of a tenancy.
Ground 1A (new): Landlord intends to sell the property. Notice required: 4 months. Restriction: Cannot be used in the first 12 months of a tenancy.
Ground 6A (new): Local authority has taken enforcement action against the landlord regarding the property. Notice required: 4 weeks. Restriction: None.
Ground 7A (amended): Tenant has committed serious anti-social behaviour. Notice required: 4 weeks. Restriction: None.
Ground 8 (amended): Tenant is at least 3 months in rent arrears at the time of both the notice and the court hearing. Notice required: 4 weeks. Restriction: Arrears must exist at both points. If the tenant reduces arrears below the threshold before the hearing, the mandatory ground no longer applies.
Discretionary grounds (court has a choice)
Ground 10: Tenant is in any amount of rent arrears. Notice required: 2 weeks.
Ground 14 (amended): Tenant has been involved in anti-social behaviour. Notice required: 2 weeks.
The 12-month restriction on Grounds 1 and 1A is one of the most significant practical changes for portfolio landlords. If a property is tenanted at the point of purchase, the 12 months runs from the start of the original tenancy, not the date of purchase. This must be factored into acquisition decisions before exchange.
From late 2026, registration on the Private Rented Sector Database will also be required to use most Section 8 grounds in court. Unregistered landlords will be unable to get a possession order except under Grounds 7A and 14 for anti-social behaviour.
7. Section 21 vs Section 8: How the Process Changed
Old Section 21 process (abolished 1 May 2026)
- Reason required: None needed
- Notice period: 2 months minimum
- Tenant challenge: Only on technical validity of the notice
- Court process: Accelerated possession claim (paper-based, no hearing usually required)
- Status: Abolished from 1 May 2026
New Section 8 process (in force now)
- Reason required: Yes, a specific statutory ground must be cited
- Notice period: 2 weeks to 4 months depending on the ground
- Tenant challenge: Yes, on the ground itself, not just the paperwork
- Court process: Full hearing required in most cases
- Status: In force from 1 May 2026
The key practical difference: under Section 21, a tenant could only challenge the notice on technical validity — wrong form, deposit not protected, prescribed information not served. Under Section 8, a tenant can challenge the ground itself, arguing the reason stated does not apply or is not sufficiently proved. Landlords now need evidence, not just paperwork.
8. What Landlords Need to Do Now
For landlords who had outstanding Section 21 cases when the Act came into force, the 31 July 2026 court deadline is the only remaining action. After that date, Section 21 is finished in every sense. The GOV.UK guidance on possession notices served before 1 May 2026 covers the transitional process for those cases.
For all other landlords, three things change the practical day-to-day of property management.
Evidence keeping is now essential
A Section 8 possession case requires evidence. Rent arrears need a clear rent ledger showing every payment and every shortfall. Anti-social behaviour needs documented incidents, dates, and records of communication. Intention to sell needs supporting evidence such as a solicitor’s letter or evidence of marketing. Keeping records throughout a tenancy, not just when a problem arises, is now a compliance function.
Possession timelines are longer
The shortest Section 8 notice period for arrears is four weeks. For selling or moving in, it is four months. Add court waiting times and a possession case could take six months or more from the first notice to the date keys are handed back. Any landlord who needs to recover a property to fund a sale or carry out work must build that lead time into their plan well in advance. The First-tier Tribunal (Property Chamber) and county courts handle different aspects of the process.
Tenancy voids need a different approach
Previously, many landlords served a Section 21 notice towards the end of a tenancy as standard practice, to create a fallback option. That route is gone. A tenancy now continues until one of the Section 8 grounds applies, or until the tenant chooses to leave. Rental income is harder to guarantee and portfolio cash flow planning should reflect that.
From late 2026, registration on the Private Rented Sector Database will also be required before most Section 8 grounds can be used in court. Landlords who are not registered when the database opens will be unable to enforce a possession order for most grounds. Preparation should start now.
Frequently Asked Questions
Section 21 of the Housing Act 1988 was a legal notice allowing landlords in England to end an assured shorthold tenancy without giving a reason. It required at least two months notice. It was called a no-fault eviction because the tenant did not need to have done anything wrong. Section 21 was abolished from 1 May 2026.
No. Section 21 was abolished on 1 May 2026. No new Section 21 notices can be served after that date. Landlords who served a valid Section 21 notice before 1 May 2026 had until 31 July 2026 to start court proceedings. After 31 July 2026, those notices are unenforceable. See GOV.UK’s guidance on pre-May 2026 possession notices for the transitional rules.
Section 8 of the Housing Act 1988 is now the only legal route to end a tenancy and recover a property. Unlike Section 21, Section 8 requires the landlord to state a specific reason from a list of statutory grounds. The Renters Rights Act 2025 expanded those grounds to cover selling, moving in, serious rent arrears, and anti-social behaviour.
It depends on the ground. Serious rent arrears (Ground 8) and anti-social behaviour (Ground 7A) require four weeks notice. Selling the property (Ground 1A) and moving in (Ground 1) require four months notice. Both of those grounds also cannot be used in the first twelve months of a tenancy.
A landlord cannot use Ground 1 (moving in) or Ground 1A (selling) within the first twelve months of a tenancy. For landlords who buy a tenanted property, the twelve months runs from the start of the original tenancy, not the date of purchase. This must be factored into any acquisition decision before exchange.
No. All existing assured shorthold tenancies converted automatically to assured periodic tenancies on 1 May 2026. The Section 21 ban applies to all tenancies from that date, regardless of when they started.
Yes. Under Section 21, a tenant could only challenge a notice on technical grounds such as whether the form was correct or the deposit had been protected. Under Section 8, a tenant can challenge the ground itself, arguing the reason stated does not apply or has not been proved. Landlords now need evidence to support their claim. Citizens Advice has guidance on what tenants can challenge.
The Renters Rights Act 2025 applies to England only. Scotland operates under the Private Housing (Tenancies) (Scotland) Act 2016, which abolished no-fault evictions for new tenancies from 2017. Wales operates under the Renting Homes (Wales) Act 2016, which replaced Section 21 with a different notice framework.
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.
