Section 21 abolished — what do landlords need to do now

Section 21 — the so-called "no fault" eviction notice — was abolished on 1 May 2026. If you've been a landlord for any length of time, this is the biggest change to your legal toolkit in a generation. Here's exactly what it means, what you need to do differently, and how to protect yourself going forward.

What was Section 21?

Section 21 allowed landlords to recover possession of a property without giving any reason. You gave the tenant at least two months' notice, waited for it to expire, and if the tenant didn't leave you applied to the court for a possession order. Courts had very limited discretion — if the paperwork was right, possession was almost always granted.

It was controversial because tenants could be asked to leave for no stated reason — including, critics argued, as retaliation for complaining about conditions. The Renters' Rights Act 2025 abolished it entirely.

What changed on 1 May 2026?

From 1 May 2026, Section 21 notices are no longer valid in England. Any Section 21 notice served on or after that date is legally worthless. If you served one before 1 May 2026 but it hadn't expired yet, it also becomes invalid — the courts will not grant possession on the basis of a Section 21 notice for hearings on or after 1 May 2026.

At the same time, all existing assured shorthold tenancies (ASTs) automatically converted to assured periodic tenancies. Fixed terms no longer exist in law. Every private residential tenancy in England is now a rolling periodic tenancy, continuing indefinitely until ended correctly by either party.

How do you end a tenancy now?

You can only end a tenancy using Section 8 — by establishing one of the specific grounds for possession set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. You must serve a Section 8 notice (Form 3A — the new prescribed form from 1 May 2026) citing the specific ground or grounds you're relying on.

The most commonly used grounds are:

Ground 8 — serious rent arrears (mandatory)

The tenant owes at least three months' rent at the time the notice is served AND at the date of the court hearing. This is a mandatory ground — if proven, the court must grant possession. Notice period: 4 weeks.

Ground 1A — landlord intends to sell (mandatory)

You intend to sell the property. The tenancy must be at least 12 months old. Notice period: 4 months. You cannot re-let the property for a restricted period after using this ground.

Ground 1 — landlord or family needs to move in (mandatory)

You or a close family member intends to occupy the property as their only or principal home. The tenancy must be at least 12 months old. Notice period: 4 months.

Ground 10 and 11 — rent arrears and persistent late payment (discretionary)

Some arrears or a pattern of late payment. Courts have discretion to refuse possession even if the ground is proven.

What do you need to do right now?

1. Stop using Section 21 notices immediately

If you have any Section 21 notices drafted or in progress, set them aside. They are legally ineffective.

2. Understand Section 8 and the grounds that apply to you

If you might need to end a tenancy in the next 12 months — whether to sell, move in, or deal with arrears — familiarise yourself with the relevant grounds now, not when you need them urgently.

3. Check your deposit is properly protected

For most Section 8 grounds you cannot serve a valid notice unless the tenant's deposit is protected in a government-approved scheme AND the prescribed deposit information has been served on the tenant. If your deposit isn't protected or you can't prove the prescribed information was served, you cannot use most Section 8 grounds. Sort this immediately.

4. Serve the RRA Information Sheet

For existing tenancies, you must serve the new RRA Information Sheet on all tenants by 31 May 2026. Failure to do so may prevent you from serving a valid possession notice. This is urgent — the deadline is 19 days away.

5. Record everything

Under the new regime, your ability to end a tenancy depends almost entirely on your paperwork. Every document served, every notice given, every communication with your tenant needs to be recorded with a date and method of delivery. If it goes to court, you'll need to prove it.

What about tenants who want to leave?

The tenant's position has also changed. Tenants must give at least 2 months' written notice to end a tenancy. Notice must end on a day when rent is due or the day before. This gives landlords more certainty — tenants can't leave with one month's notice anymore.

The bottom line

Section 21 is gone. The route to possession is now Section 8, and it requires you to have grounds, correct paperwork, and a clean compliance record. Landlords who kept good records and maintained compliance have little to worry about. Those who didn't face a steeper climb.

LandlordLite tracks your compliance status, stores your documents, and will generate Section 8 notices when required — ensuring your paperwork is correct before you serve anything.

This article is for general information only and does not constitute legal advice. For specific situations, particularly possession proceedings, seek advice from a qualified solicitor or the NRLA.