Section 21 Abolished: What Landlords Need to Know (May 2026)

What was Section 21 and why is it being abolished?

Section 21 of the Housing Act 1988 allowed landlords to end an Assured Shorthold Tenancy by serving a notice requiring the tenant to leave, with no requirement to state a reason. It was the legal mechanism that made the PRS commercially viable for 35 years. It is being abolished because it is considered to create insecurity for tenants and to enable misuse by a minority of landlords.

When the Housing Act 1988 was passed under Margaret Thatcher's government, the private rented sector in England was tiny — fewer than 10% of households rented privately. The legislation was deliberately designed to make renting attractive to landlords by giving them confidence they could recover their property when needed. Section 21 was the key mechanism: a simple, no-reason notice that provided an exit route for landlords without the complexity or expense of proving fault.

The result was a dramatic growth in the private rented sector. By 2023, approximately 20% of English households rented privately — more than 5 million households. But the same mechanism that attracted investment also created insecurity for tenants who could face eviction at any time, for any reason or no reason at all, with as little as two months' notice.

The case for abolition

The government's case for abolishing Section 21 rests on several arguments:

• Security of tenure. Tenants cannot make a rented property a genuine home if they face the prospect of eviction at any time without cause. The lack of security deters tenants from reporting repairs and maintenance issues (for fear of retaliatory eviction) and makes long-term renting an unstable foundation for family life.
• Retaliatory evictions. Section 21 was used by some landlords to evict tenants who had complained about disrepair, mould, or other property conditions. Protections against retaliatory eviction were introduced in 2015 but were widely seen as insufficient.
• Homelessness. Section 21 evictions were consistently one of the leading causes of statutory homelessness in England. Local authorities were legally required to house families made homeless by Section 21 notices, at significant public cost.
• International comparison. Most comparable European countries do not have an equivalent of Section 21. Scotland abolished equivalent 'no-fault' eviction powers in 2017 with its private residential tenancy regime.

The case against abolition

Many landlord groups have argued that abolishing Section 21 without sufficiently strengthening Section 8 will make the PRS less attractive to landlords, reduce supply, and drive up rents. Their concerns include:

• Section 8 court proceedings are slow, expensive, and uncertain — the Government acknowledged this but has not yet fully reformed the court system to handle the additional volume
• The risk of being unable to recover a property in a reasonable timeframe will deter some landlords, particularly smaller ones, from continuing to let
• Ground 1A (selling) and Ground 1 (moving in) have restrictions that make them unavailable in the first 12 months, meaning a landlord who has an urgent need to move in or sell in year one of a tenancy has no mechanism to end it

These concerns are real, but the legislation has passed and Section 21 is abolished from 1 May 2026. The practical question for landlords is not whether the change is good policy but how to manage their properties effectively under the new rules.

What exactly changes on 1 May 2026

From 1 May 2026: no Section 21 notice can be served; all fixed-term tenancies convert to periodic tenancies; and the only route to possession is Section 8 with a valid ground. This applies to all tenancies in England, regardless of when they were created.

The Renters' Rights Act 2025 implements a single 'commencement date' rather than a phased transition. There is no distinction between new and existing tenancies when it comes to the abolition of Section 21 — it applies to all private residential tenancies in England from 1 May 2026.

Change 1: Section 21 notices can no longer be served

From 1 May 2026, Section 21 of the Housing Act 1988 is effectively repealed in the context of private residential tenancies. Any notice purporting to be a Section 21 notice served on or after 1 May 2026 is invalid and has no legal effect. A tenant who receives what a landlord calls a 'Section 21 notice' after this date can simply ignore it.

Change 2: All fixed-term tenancies convert to periodic

Every existing fixed-term Assured Shorthold Tenancy in England becomes a periodic tenancy on 1 May 2026 by operation of law. If you have a tenant on a 12-month fixed term that expires in December 2026, that fixed term is simply disregarded — the tenancy converts to periodic from 1 May 2026 and continues indefinitely until ended by the tenant or a valid Section 8 order.

No new fixed-term ASTs can be created after 1 May 2026. All new tenancies must be periodic from the outset.

Change 3: Section 8 becomes the only route to possession

To end a tenancy (other than by mutual agreement with the tenant) after 1 May 2026, a landlord must:

1. Have a valid ground under Schedule 2 of the Housing Act 1988 (as amended by the Renters' Rights Act)
2. Serve a valid Section 8 notice in the prescribed form, citing the ground(s)
3. Wait the required notice period for that ground
4. Apply to court for a possession order if the tenant does not leave voluntarily
5. Attend a possession hearing (unless the case is uncontested on a mandatory ground)
6. Apply for a warrant of possession and enforcement by bailiffs if the tenant still does not leave

What happens to Section 21 notices already served before 1 May 2026?

A Section 21 notice served before 1 May 2026 remains potentially enforceable only if court possession proceedings have been commenced before the abolition date. If proceedings have not started by 1 May 2026, the notice is likely to be unenforceable and the landlord will need to use Section 8 instead.

This is one of the most practically important questions for landlords currently managing difficult tenancies. The position is as follows:

Scenario A: Notice served and court proceedings commenced before 1 May 2026

If you have already filed a possession claim at court before 1 May 2026 on the basis of a valid Section 21 notice, the legal consensus is that you can continue those proceedings under the old rules. Your hearing will proceed and, if the notice was valid, the court should grant possession.

However, given that possession hearings can take months to be listed, it is possible that your hearing date falls after 1 May 2026. In this case, you should ensure your legal representation is clear on the transitional position, as the statute may contain specific transitional provisions (or may not — this is an area where clarity from the courts or secondary legislation is expected).

Scenario B: Notice served before 1 May 2026, court proceedings not yet commenced

If you have served a Section 21 notice but have not yet started court proceedings by 1 May 2026, the notice is likely to become unenforceable at the abolition date. The general legal principle is that the abolition applies to any new court action commenced after 1 May 2026, and you cannot commence a Section 21 possession claim after that date.

If you are in this situation, you have a limited window to file a possession claim before 1 May 2026. The Section 21 notice must still be valid (correct form, not expired, all pre-conditions met) and you must file the claim before the abolition date.

Scenario C: You have not yet served a Section 21 notice

If you have a tenancy you wish to end and you have not yet served a Section 21 notice, carefully assess the realistic timeline. A Section 21 notice requires at least 2 months notice period, and if the tenant does not leave voluntarily, court proceedings can take 3-6 months. If you have not served notice by late February or March 2026, the realistic prospect of completing the Section 21 process before 1 May 2026 is extremely low.

In this case, your best option is likely to begin preparing a Section 8 case based on any available grounds (such as rent arrears if they exist) and accept that you will be operating under the new rules.

What replaces Section 21: Section 8 explained

Section 8 allows possession when a specific legal ground is established. Unlike Section 21, which required no reason, Section 8 requires proof of a ground. The Renters' Rights Act has added new mandatory grounds specifically to give landlords legitimate routes to possession in common scenarios — selling, moving in, and dealing with problem tenants.

The key Section 8 grounds that landlords will use most frequently after 1 May 2026 are:

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

Ground 1 allows you to seek possession where you (or a close family member: spouse, civil partner, cohabiting partner, parent, sibling, or child) genuinely intend to occupy the property as your principal home. This ground is mandatory — if proved, the court must grant possession.

Key conditions:

• 3 months notice required
• Only available after the first 12 months of the tenancy
• The person intending to move in must genuinely intend to do so as their principal home (not as an investment, holiday home, or investment property)
• A 3-month restriction on re-letting applies after possession is recovered — if you re-let within 3 months, you may face a compensation claim from the former tenant

Ground 1A: Landlord intending to sell (mandatory, new)

Ground 1A is a new mandatory ground introduced specifically by the Renters' Rights Act to give landlords a clear route to possession where they genuinely intend to sell the property. Previously, landlords used Section 21 for sales — now they have Ground 1A.

Key conditions:

• 3 months notice required
• Only available after the first 12 months of the tenancy
• Landlord must genuinely intend to sell (the property will be marketed for sale)
• A 3-month restriction on re-letting applies — if you recover possession claiming to sell and then re-let instead, you face enforcement action and compensation claims
• The 'sale' must be the whole property — you cannot use Ground 1A to sell a share or interest in the property while retaining occupation rights

Ground 8: Significant rent arrears (mandatory)

Ground 8 applies where the tenant owes at least 2 months' rent both when the notice is served and when the case is heard in court. This ground is mandatory — if both tests are satisfied, the court must grant possession. However, if the tenant pays off enough arrears between the notice and the hearing to bring the balance below 2 months, the mandatory ground fails (though discretionary Ground 10 may still apply).

Key conditions:

• 4 weeks notice required
• Arrears of at least 2 months must exist at notice date AND at hearing date
• Keep records of all rent due and all payments received to evidence the arrears level at both dates

Ground 8A: Repeated rent arrears (discretionary, new)

Ground 8A is a new discretionary ground that addresses the 'gaming' behaviour where a tenant runs up arrears, pays them off before the hearing to defeat Ground 8, and then runs up arrears again. Under Ground 8A, if a tenant has been in arrears of at least 2 months on 3 or more occasions in the last 3 years, you can seek possession even if the tenant is currently paid up. The court has discretion on whether to grant possession.

Ground 14: Anti-social behaviour (discretionary)

Ground 14 covers nuisance, annoyance to neighbours, and anti-social behaviour. Notice can be served immediately or with 2 weeks notice. The ground is discretionary, so the court weighs up whether it is reasonable to grant possession. Evidence is critical: keep records of complaints, photographs, police reports, and communications with the tenant.

For the complete list of all Section 8 grounds with notice periods and evidence requirements, see: Section 8 Grounds for Landlords: Complete 2026 Guide.

How to evict a tenant after 1 May 2026: overview

After 1 May 2026, eviction requires identifying a valid Section 8 ground, serving a correctly completed Section 8 notice, waiting the notice period, applying to court if the tenant does not leave, attending a possession hearing, and if needed, applying for bailiff enforcement. The process typically takes 3-6 months.

Here is a high-level overview of the process. For the full step-by-step guide, see: How to Evict a Tenant in 2026.

Step 1: Identify and document the ground

Before serving any notice, confirm that you have a valid, proveable ground. For rent arrears, this means bank statements showing payments received, rent ledger showing amounts due, and written communications chasing arrears. For wanting to sell, this means evidence of intent to sell (agent valuations, communications with estate agents). The strength of your evidence determines the outcome.

Step 2: Serve the Section 8 notice

Use the prescribed Section 8 notice form (Form 3). Complete it accurately — errors in the notice can invalidate it entirely. State the correct ground(s), the correct notice period, and serve it correctly (in writing, by first class post or by hand or by email if agreed in the tenancy).

Step 3: Wait the notice period

Notice periods vary by ground: 2 weeks for anti-social behaviour (Ground 14), 4 weeks for most grounds, and 3 months for Grounds 1 and 1A. Do not apply to court before the notice period has expired.

Step 4: Apply to court if the tenant does not leave

If the tenant remains in occupation after the notice period, file a possession claim at the county court. You can do this online (via HMCTS's portal for straightforward possession claims) or on paper. The court will list a hearing.

Step 5: Attend the possession hearing

At the hearing, present your evidence. On mandatory grounds where the ground is clearly proved, the court should grant a possession order relatively quickly. On discretionary grounds, the judge will hear both sides and decide whether it is reasonable to grant possession. Be prepared for an adjournment if the judge wants more evidence.

Step 6: Apply for bailiff enforcement if needed

If the tenant does not vacate by the date in the possession order, apply to the court for a warrant of possession. County court bailiffs will then attend the property to enforce the order. This adds further weeks to the process.

The realistic timeline for a contested case from notice to bailiff enforcement is 4-8 months. Uncontested mandatory ground cases can be faster, particularly with online court processing improvements the government has committed to alongside the reforms.

How Section 21 abolition affects different types of landlords

The impact of Section 21 abolition varies significantly depending on whether you are a professional landlord with a large portfolio, an accidental landlord with one property, or a landlord planning to sell or redevelop. Each scenario requires a different response strategy.

Professional landlords with multiple properties

Professional landlords typically already have systems for rent collection, maintenance management, and tenancy administration. The key changes for this group are:

• Tenancy management systems must track rent arrears carefully — arrears records from day one of a tenancy are now a long-term asset (Ground 8A looks back 3 years)
• Maintenance records become more important — Ground 6A (legal compliance failures) cuts both ways: it allows possession if you are non-compliant, but non-compliant properties are also exposed to enforcement action
• Property acquisition due diligence should assess tenancy risk before purchase, since vacant possession after 12 months requires a valid ground

Accidental landlords

Accidental landlords — those who ended up renting a property due to an inherited property, a house move where the original property was not sold, or other circumstances — are often less prepared for the new regime. For this group:

• If you need your property back for your own occupation, Ground 1 applies after 12 months of tenancy — plan the timing carefully
• If you want to sell, Ground 1A applies after 12 months of tenancy — you cannot sell with vacant possession within the first year of a new tenancy under the Act
• Consider whether renting is still the right option, given the reduced flexibility compared to the Section 21 era

Landlords planning to sell

This is the group most directly affected by the abolition, since Section 21 was the primary mechanism used to recover vacant possession for sale. The new regime:

• Ground 1A provides a mandatory route to possession for genuine sales — but only after 12 months of tenancy and with 3 months notice
• You can sell with a sitting tenant — many buyers (especially investors) will purchase tenanted properties. The purchase price may be lower to reflect the tenancy, but it avoids the need for possession proceedings
• Ground 1A's 3-month re-letting restriction means you cannot recover possession under Ground 1A and then re-let if the sale falls through without potential legal consequences — plan accordingly

Landlords with problem tenants

Landlords dealing with non-paying, disruptive, or damaging tenants will need to use Section 8 grounds rather than the more straightforward Section 21. Ground 8 (rent arrears) is mandatory and relatively clear-cut if the arrears exist at both the notice and hearing dates. Ground 14 (anti-social behaviour) requires more evidence but allows very short notice periods. Ground 8A (repeated arrears) provides a route where a tenant has a pattern of arrears even if currently paid up.

The key shift is from reactive (serving Section 21 when a problem arises) to proactive (building a paper trail from the start of any problem). Document every rent arrear, every maintenance complaint, every letter to the tenant. This documentation is your evidence base for Section 8.

What landlords must do right now (before May 2026)

Before 1 May 2026, landlords should review all existing tenancies, take action on any tenancies they need to end under the current rules, ensure all properties meet legal standards, and set up administration systems for the new periodic tenancy and Section 8 regime.

Immediate action (before March 2026)

• Identify any tenancies you need to end under the current rules. If you have a genuinely problematic tenancy where Section 21 is your planned route to possession, assess whether you can realistically complete the process (notice, court claim, hearing) before 1 May 2026. With Section 21 requiring 2 months notice, you would need to serve notice before late February/early March to have any realistic prospect of completing proceedings before 1 May 2026.
• Seek legal advice on any in-progress Section 21 cases. If you have already served a notice or are in court proceedings, get specialist property solicitor advice on the transitional position. Do not assume your existing proceedings are automatically safe.
• Review the condition of all properties. Ground 6A (new mandatory ground) allows a tenant to be evicted if the property is in breach of a legal requirement. Conversely, non-compliant properties face increased enforcement risk. Check HMO licensing, gas safety, electrical safety, EPC requirements, and deposit protection.

Before 1 May 2026

• Set up rent arrears monitoring. Ground 8A looks back 3 years at arrears history. Start keeping detailed records now so you have a clean trail from the commencement of the new regime.
• Review your tenancy agreement templates. Fixed-term AST agreements will need to be replaced with periodic tenancy agreements for any new lettings from 1 May 2026. Clauses that conflict with the new statutory framework (contractual rent review clauses, fixed-term break clauses on the landlord's side) should be updated.
• Brief your letting agent (if you use one). Ensure they are prepared for the new regime and that their processes are updated. Ask them specifically what changes they are making to their eviction, rent increase, and tenancy renewal procedures.

By 31 May 2026

• Serve the RRA Information Sheet on all existing tenants. The government will publish the prescribed form before 1 May 2026. Service must be documented.

Frequently asked questions

Can I serve a Section 21 notice before May 2026?

You can serve a Section 21 notice before 1 May 2026, but it will only remain enforceable if court proceedings are commenced before the abolition date. Any Section 21 notice where proceedings have not started by 1 May 2026 is likely to be unenforceable after that date. If you are considering this, seek legal advice urgently — the window is extremely narrow.

What if I am already in the eviction process?

If you have already served a valid Section 21 notice and have commenced court possession proceedings before 1 May 2026, the general legal position is that you can continue under the old rules. However, transitional provisions in the statute should be checked carefully, and specialist legal advice is strongly recommended if your hearing date falls after 1 May 2026.

What replaces Section 21?

Section 8 is the only route to possession from 1 May 2026. You need a valid ground (such as rent arrears, selling, or moving in), a correctly served Section 8 notice, and a court order if the tenant does not leave voluntarily. The Renters' Rights Act introduced new grounds including Ground 1A (selling) and Ground 8A (repeated arrears) specifically to make Section 8 a workable replacement.

Is the Section 21 ban permanent?

The Renters' Rights Act 2025 removes Section 21 from the Housing Act 1988 as a tool for private landlords. Reversing this would require new primary legislation. As of February 2026, no major political party has indicated it would reintroduce Section 21, and the ban should be treated as permanent for planning purposes.

What if I need to sell my property?

Ground 1A (new mandatory ground) gives you a clear route to possession for a genuine sale, but it is only available after the first 12 months of the tenancy and requires 3 months notice. Alternatively, you can sell the property with the tenant in situ — many investors will purchase tenanted properties. You can also wait for the tenant to give notice to leave and sell during or after the tenancy.

What if my tenant stops paying rent?

Serve a Section 8 notice under Ground 8 (mandatory, if 2+ months arrears exist at notice and hearing) or Ground 10 (discretionary, any arrears). Keep detailed records of rent due and rent paid from the start of the tenancy. If the tenant has a pattern of running up and paying off arrears, Ground 8A (new discretionary ground for repeated arrears) may be available after three arrears incidents in 3 years.