Section 21 Is Being Abolished — And Most Landlords Are Not Prepared
Section 21 is ending. From 1 May 2026, landlords in England will no longer be able to serve a no-fault eviction notice. For the private rented sector, this is the most significant legal shift in nearly four decades.
What Is a Section 21 Notice and Why Does It Matter?
A Section 21 notice – commonly known as a “no-fault eviction” – is a legal mechanism under the Housing Act 1988 that allows landlords to reclaim possession of a property let on an Assured Shorthold Tenancy (AST) without needing to provide a reason.
Provided the correct procedure is followed and all pre-conditions are satisfied, a landlord can require a tenant to vacate simply by giving the required notice. The tenant does not need to have done anything wrong.
The Origins of Section 21: Why Was It Introduced?
Section 21 was created as part of the Housing Act 1988, at a time when the private rented sector was in serious decline. Decades of over-regulation had made buy-to-let investment unattractive.
The 1988 Act was designed to reverse that trend by making it easier to charge market rent and to regain possession when needed. The PRS more than doubled over the following decades.
What Are the Legal Requirements for Serving a Section 21 Notice?
To serve a valid Section 21 notice, all of the following conditions must be satisfied. A single procedural error is enough to make the notice entirely invalid:
- The tenancy must be an AST and must have been in place for at least four months
- The tenancy must be an AST and must have been in place for at least four months
- A minimum of two months' written notice must be given - longer where rent is paid quarterly or annually
- The tenant's deposit must be protected in a government-approved scheme, with Prescribed Information provided within 30 days of receipt
- The tenant's deposit must be protected in a government-approved scheme, with Prescribed Information provided within 30 days of receipt
- Deposit disputes and adjudication support
- Section 8 and Section 21 notice preparation and service
Each condition carries its own compliance risks. An invalid notice means the entire process must restart – at additional cost and further delay.
Additional compliance requirements may apply depending on the tenancy and property. Landlords should always seek professional advice before serving notice.
When Is a Section 21 Notice Invalid?
Even where all conditions are satisfied, a Section 21 notice cannot lawfully be served in the following circumstances:
- The property has been issued with an improvement notice by the local authority within the last six months
- Emergency remedial works have been carried out on the property by the local authority within the last six months
- A prohibited fee has been charged under the Tenancy Fees Act since 1 June 2020 (or 1 June 2019 where the tenancy was entered into on or after that date)
A notice served in none of these circumstances can still be invalid retrospectively if it is deemed a retaliatory eviction – where a tenant raises a formal complaint about the property’s condition before the notice is served and the local authority subsequently issues an improvement notice.
What Is a Section 21 Notice and Why Does It Matter?
Abolishing Section 21 featured in the manifesto of every major political party at the last two general elections, reflecting broad political consensus that change was needed.
Those in favour argue that removing no-fault evictions will produce higher property standards, fewer exploitative landlords, and a rental market where tenants can raise legitimate concerns – about repairs or living conditions – without fear of retaliatory eviction. They also point to the security this provides to the millions of private renters in England who currently face the possibility of being asked to leave without cause.
Landlords, meanwhile, have raised well-documented concerns about whether the replacement mechanisms are workable and whether the court system can absorb the significant increase in contested possession claims that will follow.
The key question was never really whether Section 21 would go – it was always whether what replaces it would be fit for purpose.
The Section 21 Abolition Timeline: Key Dates for Landlords
The Government has confirmed that Section 21 will be abolished on 1 May 2026 under the Renters’ Rights Act, which received Royal Assent on 27 October 2025.
The critical dates are:
- 30 April 2026 – Last date on which a valid Section 21 notice can be served
- 1 May 2026 – Section 21 is abolished; all existing ASTs automatically convert to periodic assured tenancies
- 31 July 2026 – Final deadline for making a court application using a Section 21 notice served before 1 May 2026. After this date, no further applications can be made under Section 21
Courts are expected to continue processing Section 21 cases well beyond July 2026 given the volume of claims already in the system.
Life After Section 21 - What Changes for Landlords?
There is no direct replacement for Section 21. Once it is abolished, landlords must rely on Section 8 of the Housing Act 1988, which requires a specific legal reason – known as a ground for possession – to be stated when seeking to end a tenancy.
Section 8 is entirely evidence-based. Notice periods are longer under several grounds, procedural requirements are more stringent, and where a tenant does not leave voluntarily, a court hearing is unavoidable. The margin for error is considerably narrower than it was under Section 21.
Understanding Section 8: Your Primary Route to Possession After May 2026
A Section 8 notice enables a landlord to begin the possession process by citing one or more specific grounds. The most commonly used include:
- Rent arrears
- Anti-social behaviour or damage to the property
- Breach of tenancy terms
Some grounds are mandatory – where sufficient evidence exists, the court must grant possession. Others are discretionary – the judge weighs up the circumstances and determines whether a possession order is appropriate, even where the ground is proven.
How Does the Renters' Rights Act Reshape Section 8?
The Renters’ Rights Act expands and amends the existing Section 8 grounds to ensure landlords retain meaningful routes to possession. The principal changes are as follows.
Changes to the Mandatory Rent Arrears Threshold
The mandatory threshold under Ground 8 increases from two months to three months of arrears. The required notice period doubles – from two weeks to four weeks.
Selling Up or Moving Family in: The New Rules
Previously, a Section 21 notice provided a two-month route for landlords wishing to sell or move a family member into the property. Under the new framework, this falls under mandatory Grounds 1 and 1A, which require:
- A minimum of four months’ notice
- The notice must not expire within the first 12 months of the tenancy – the ‘protected period’
Once notice is served under Ground 1A, the property cannot normally be re-let for 16 months from the date of notice. For landlords who are unable to complete a sale or experience a change of circumstances, this is a material financial restriction.
Student Lets and HMOs: What Ground 4A Means for You
The Renters’ Rights Act introduces Ground 4A specifically for student HMOs, enabling landlords to serve notice ahead of a new academic year. This ground applies only where:
- The property is an HMO
- All tenants are full-time students, or are expected to be when the tenancy is signed
- Four months’ notice is given, with the notice period expiring between 1 June and 30 September
- For tenancies signed on or after 1 May 2026, the tenancy was signed no less than six months before the tenants moved in
The Real Concerns Landlords Have About the Section 21 Ban
The abolition of Section 21 raises legitimate and serious concerns across the private rented sector:
An already-stretched court system. Every Section 8 claim will now require a court hearing. With possession claim volumes expected to rise sharply, the concern is that without substantial investment in court capacity, landlords will face significant delays – without income and without resolution.
Extended loss of rental income. With the arrears threshold rising to three months, longer notice periods across several grounds, and the time required for court proceedings, landlords could face periods of six months or more without rental income when a tenancy breaks down.
Increased risk of tenant disputes. Proving fault under Section 8 – rather than simply serving notice — creates greater scope for contested hearings and disputes that a Section 21 notice would previously have rendered unnecessary.
Getting Your Portfolio Ready for the New Rules
With 1 May 2026 approaching, these are the steps landlords should be taking now:
Review your tenancy agreements. Identify anything that conflicts with the incoming Renters’ Rights Act framework before it becomes a problem.
Strengthen your record-keeping. Section 8 claims are evidence-based. Comprehensive records of rent payments, repairs, inspections, and tenant communications are no longer optional — they are essential.
Invest in thorough tenant referencing. With possession becoming more complex and costly after May 2026, the quality of your tenant selection process directly affects your exposure to risk.
Act under Section 21 now if you have genuine grounds. Several Section 8 grounds carry notice periods twice as long as a Section 21 notice. If possession is needed, 30 April 2026 is a firm deadline.
Not sure where you stand under the new rules? Our specialist advisers are here to help.
Frequently Asked Questions
What are the transition arrangements for Section 21 notices already served?
Any Section 21 notice served before 1 May 2026 can still be used to apply to court, provided proceedings are issued by the earlier of 6 months from the date of service or 31 July 2026. After that date, no further court applications can be made under Section 21.
Can landlords still serve a valid Section 21 notice today?
Yes – until 30 April 2026. Any notice served on or after 1 May 2026 will be invalid.
Does the abolition of Section 21 apply in Wales?
No. The Renters’ Rights Act applies to England only. Wales operates under its own separate legislative framework.
What happens to existing tenancies on 1 May 2026?
All existing Assured Shorthold Tenancies will convert into assured periodic tenancies under the new system. Landlords do not need to issue new agreements.
How will landlords evict tenants once Section 21 is abolished?
Through Section 8, citing the appropriate ground – such as rent arrears, anti-social behaviour, or an intention to sell. Where a tenant does not leave voluntarily, a court hearing will be required.
Will landlords still be able to sell a tenanted property?
Yes. Ground 1A allows landlords to seek possession in order to sell, with four months’ notice outside the protected period. Alternatively, landlords can sell with a sitting tenant under the new tenancy framework.