Section 21 abolished: what happens now (2026 guide)

Reviewed by the Get Renters Rights teamRules last reviewed How we build these checkers

Direct answer

From 1 May 2026 the Renters' Rights Act 2025 abolishes new Section 21 notices in the private rented sector in England. A landlord cannot serve a fresh Section 21 from that date, they must instead use a grounds-based Section 8 notice under Schedule 2 of the Housing Act 1988.

Section 21 abolition timeline

From 1 May 2026, Section 21 of the Housing Act 1988 is abolished for the private rented sector in England, and a Section 21 notice dated on or after that date has no legal effect. The transitional window closes on 31 July 2026: any legacy Section 21 possession claim must be issued at the county court by then or the notice expires. From 1 August 2026 onwards, Section 8 under Schedule 2 of the Housing Act 1988 is the only lawful possession route, and every claim must specify a ground.

What the new framework looks like

For decades, Section 21 let landlords serve no-fault possession notices on assured shorthold tenants without giving a reason. That route is gone for any new notice served on or after 1 May 2026. In its place, the Section 8 grounds-based procedure becomes the only lawful route: the landlord must specify the ground, follow the prescribed notice period, apply to the county court if the tenant does not leave, attend a hearing, and prove the ground. Mandatory grounds require possession if proved; discretionary grounds apply a reasonableness test.

What Section 8 grounds can a landlord now use?

From 1 May 2026, every possession claim must rely on one or more grounds in Schedule 2 of the Housing Act 1988 as amended. Notice periods below are for notices served on or after 1 May 2026.

New tenant protections from 1 May 2026

The Renters' Rights Act 2025 does more than abolish Section 21; it rewrites several core rules of the private rented sector.

What about legacy Section 21 notices served before the cutoff?

A Section 21 notice validly served before 1 May 2026 may still be enforceable during the transitional window, subject to the usual strict requirements: Form 6A, deposit protection, prescribed information, EPC, gas safety, the How to Rent guide, licensing, and no retaliatory eviction. The landlord must issue any possession claim by 31 July 2026. After that date, the old Section 21 route is closed.

What to do if you receive an eviction notice in 2026

Work through these steps before responding - many notices are defective, and you keep your rights until a court orders otherwise.

Related guidance inside this topic

Sources used for this guide

These are primary legislation and public guidance sources that support the legal-information framework used on this page.

  • Renters' Rights Act 2025
    Primary reform statute referenced by these guides for the 2026 private rented sector changes in England.
  • Housing Act 1988
    Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules.
  • GOV.UK: private renting evictions
    Government guidance on eviction notices, court orders, bailiffs, and tenant rights in private renting.
  • Shelter England: eviction
    Independent housing charity guidance on eviction notices, court claims, and urgent help for renters in England.

Related articles

Common questions

Is Section 21 abolished?
Yes. The Renters' Rights Act 2025 abolishes Section 21 of the Housing Act 1988 for the private rented sector in England. From 1 May 2026 a landlord cannot serve a new Section 21 no-fault notice. Every fresh possession claim must use the Section 8 grounds-based route under Schedule 2 of the Housing Act 1988.
When was Section 21 abolished?
Section 21 is abolished with effect from 1 May 2026 under the Renters' Rights Act 2025. The Act received Royal Assent in 2025 and the abolition commencement date is 1 May 2026. A Section 21 notice dated on or after 1 May 2026 has no legal effect.
What happens to my Section 21 notice now?
A Section 21 notice that was validly served before 1 May 2026 can still be relied on during a short transitional window. The landlord must issue the county court possession claim by 31 July 2026; after that date the notice expires. All the usual Section 21 validity rules still apply: deposit protection, gas safety, EPC, How to Rent guide, Form 6A, licensing, and no retaliatory service. Run the Section 21 checker to test your specific dates and documents.
What can my landlord use instead of Section 21?
Section 8 of the Housing Act 1988 is now the only possession route. The landlord must cite at least one Schedule 2 ground - for example Ground 8 (serious rent arrears), Ground 14 (anti-social behaviour), Ground 1A (landlord selling), or Ground 1B (landlord moving in) - serve the prescribed Section 8 notice, and prove the ground at a county court hearing. Mandatory grounds require possession if proved; discretionary grounds leave the decision to the judge.
What is a mandatory Section 8 ground?
A mandatory ground is one where the court must grant a possession order if the landlord proves the facts - it has no discretion to refuse on grounds of reasonableness. The most important mandatory grounds are Ground 8 (serious rent arrears - 3 months for notices served on or after 1 May 2026, 2 months for earlier notices), Ground 7A (serious anti-social behaviour with a conviction), Ground 1A (landlord intends to sell), and Ground 2 (mortgage lender in possession). For mandatory grounds, the tenant's main strategy is to remove the ground before the hearing - for example, by paying arrears below the threshold.
How much notice must a landlord give under Section 8?
It depends on the ground. Rent arrears grounds (Grounds 8, 10, 11) require 4 weeks' notice for notices served on or after 1 May 2026. Ground 14 (anti-social behaviour) can be served immediately with no notice period. Grounds 1 and 1A (landlord moving in or selling) require 4 months. Ground 6 (redevelopment) requires 4 months. The landlord cannot apply to court until the notice period has expired. An incorrectly short notice period is a defence at the hearing.
What new tenant protections came in on 1 May 2026?
The Renters' Rights Act 2025 brought in: abolition of new Section 21 notices; all private tenancies becoming periodic (no new fixed terms); rent increases limited to once per 12 months via a prescribed Section 13 notice; strengthened Section 8 grounds; a new Private Rented Sector Ombudsman; extension of the Awaab's Law framework to private renting; and a ban on unreasonably refusing pets. These changes apply to all assured shorthold tenancies in the private rented sector in England.
Do I have to move out when I receive a Section 8 notice?
No. A Section 8 notice is not an eviction. You do not have to leave when the notice period expires. The landlord must apply to the county court for a possession order, attend a hearing, and prove the ground. Only a court bailiff with a warrant of possession can lawfully remove you. Do not hand keys back voluntarily unless you have taken advice. Many notices are defective or the ground cannot be proved.
Can I challenge a Section 8 possession claim?
Yes. At the hearing you can challenge the notice itself (wrong form, insufficient notice period, incorrectly stated ground), dispute the facts of the ground (for Ground 8, paying arrears below the threshold before the hearing defeats the claim), raise reasonableness on discretionary grounds, or counterclaim for disrepair. If you receive court papers, file a defence within 14 days and seek advice from Shelter (0808 800 4444) or Citizens Advice before the deadline.

Use the interactive checker on getrentersrights.com for the full step-by-step result.