Section 21 was abolished on 1 May 2026: what happens now?
Direct answer
Section 21 was abolished on 1 May 2026. Since that date a private landlord in England cannot serve a new Section 21 no-fault notice, and the Renters' Rights Act 2025 rules apply instead. To take back possession of an ordinary assured tenancy, a landlord must now use a grounds-based Section 8 notice under Schedule 2 of the Housing Act 1988 and prove the ground in court. The transitional window for pre-1 May notices closed on 31 July 2026.
Choose the guide for your notice
Start with the document you actually received. The notice type, service date and any court papers matter; do not infer them from a landlord's informal message.
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- Copy the notice heading and any ground numbers exactly as written.
- Keep evidence of when the notice was served and distinguish that from the date printed on it.
- Keep court papers and their deadlines separately from the notice. Bring unclear dates or missing documents to a housing adviser.
Section 21 abolition timeline
From 1 May 2026, a private landlord cannot serve a new Section 21 notice in England. The transitional window closed on 31 July 2026: any claim relying on a saved pre-1 May notice had to be issued at the county court by then and also satisfy its ordinary statutory time limit; a claim issued in time continues through the courts. From 1 August 2026, a private landlord seeking possession of an assured tenancy ordinarily needs an available Section 8 ground for any new claim; non-assured tenancies, excluded occupiers, surrender, and other specialist routes follow different rules.
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. No fresh notice can be served on or after 1 May 2026. For an assured tenancy, the ordinary landlord route is now the Section 8 grounds-based procedure: specify an available ground, give the prescribed notice, and prove the ground in court if the tenant does not leave. Mandatory grounds require possession if proved; discretionary grounds also require the court to find possession reasonable.
What Section 8 grounds can a landlord now use?
For a private assured tenancy, the ordinary post-reform landlord possession claim must rely on one or more grounds in Schedule 2 of the Housing Act 1988. Notice periods below are for notices served on or after 1 May 2026; other occupation types and specialist routes differ.
- Ground 8 - serious rent arrears (3 months for monthly tenancies) - Mandatory - 4 weeks
- Ground 1A - landlord intends to sell - Mandatory - 4 months
- Ground 1 - landlord or close family moving in - Mandatory - 4 months
- Ground 7A - serious anti-social behaviour with conviction - Mandatory
- Ground 6 - landlord intends major redevelopment - Mandatory - 4 months
- Ground 14 - anti-social behaviour or nuisance - Discretionary
- Ground 10 - some rent arrears below the Ground 8 threshold - Discretionary - 4 weeks
- Ground 11 - persistent late payment of rent - Discretionary - 4 weeks
- Ground 12 - breach of tenancy terms - Discretionary - 2 weeks
New tenant protections from 1 May 2026
The Renters' Rights Act 2025 does more than abolish Section 21; it rewrites several core rules for private assured tenancies.
- Assured tenancies are periodic: new private assured tenancies cannot have an enforceable fixed end date, and existing assured tenancies moved to the periodic model on 1 May 2026, subject to statutory exclusions and transitional rules.
- Rent increases still run through the Section 13 route with its existing 52-week gap (53 in some cases); the notice period is now a flat 2 months and the tribunal determination cannot exceed the landlord's proposal. GOV.UK currently lists a £47 tribunal application fee, subject to Help with Fees, and says no fee is payable where the landlord's notice is dated before 1 May 2026; check the date printed on the notice and the current fee.
- Assured tenants can make a written pet request; the landlord normally has 28 days to respond and must not refuse unreasonably. The final Act does not create a general power to require tenant-bought pet insurance.
- Private Rented Sector Landlord Ombudsman: the statutory framework exists, but mandatory landlord membership is scheduled for 2028 and is not a current complaint route.
- Awaab's Law framework is to be extended to private renting, but the PRS commencement date and detailed rules remain subject to consultation.
What about legacy Section 21 notices served before the cutoff?
A Section 21 notice validly served before 1 May 2026 could only be enforced 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 transitional court-issue deadline was 31 July 2026: a notice with no possession claim issued by that date has expired and cannot now be used. Where a claim was issued in time, the case continues through the courts.
What to do if you receive an eviction notice in 2026
Work through these steps before responding. A notice does not itself end the tenancy, but leaving or surrendering can materially change your rights.
- Check the notice type, service date, tenancy type, and any claimed ground.
- Do not assume you must leave when the notice expires: a protected occupier ordinarily remains until lawful court enforcement, but excluded occupiers and some licences follow different rules.
- Run the relevant checker for the exact notice and dates.
- Gather the notice, tenancy agreement, rent records, and the evidence relevant to the claimed ground or any saved Section 21 requirements.
- Seek advice from Shelter, Citizens Advice, or a housing solicitor. Legal aid may be available through an authorised provider depending on scope, means, merits, and urgency.
- If court papers arrive, follow the stated defence deadline. Part 55 does not permit default judgment in a possession claim, but a late or missing response can affect costs and leave evidence poorly presented.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read void Section 21 notice guide.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see legacy Section 21 checker before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check all Section 21 condition guides to compare the legal tests.
- For a fuller breakdown of legacy Section 21 notice rules, use current guidance on Section 21 prescribed information for the underlying rule set.
- If you need the route-specific rules on Section 8 grounds and possession procedure, start with Section 8 checker so you can check the dates and documents against your own case.
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
- Tenant rights in England: complete guide
The main overview page linking eviction, repairs, deposit protection, rent increases, and illegal eviction rights together. - Old rules vs new rules after May 2026
The side-by-side transition guide for Section 21, Section 8, rent increases, and periodic tenancies after 1 May 2026. - Renters' Rights Act 2026: complete guide
The main reform guide covering Section 21 abolition, Section 8, rent increases, pets, and private rented sector enforcement changes. - Can my landlord evict me in 2026?
A route-selection guide for tenants trying to distinguish valid possession, informal pressure, and unlawful eviction. - Renter questions answered
Plain-English answers to the most-asked questions from private renters in England: eviction, deposits, rent increases, repairs, illegal eviction, and pets.
Common questions
- Is Section 21 abolished?
- Yes. From 1 May 2026 a landlord cannot serve a new Section 21 notice in England. For an ordinary private assured tenancy, Section 8 is now the usual landlord possession route and an available Schedule 2 ground must be proved. Saved pre-reform Section 21 notices, non-assured tenancies, licences, excluded occupiers, surrender, and specialist possession routes require separate analysis.
- When was Section 21 abolished?
- Section 21 was abolished on 1 May 2026 under the Renters' Rights Act 2025. The Act received Royal Assent in 2025 and 1 May 2026 was the abolition commencement date. A Section 21 notice dated on or after 1 May 2026 has no legal effect. The transitional window for notices served before that date closed on 31 July 2026.
- What happens to my Section 21 notice now?
- The transitional window for legacy Section 21 notices has now closed. A notice validly served before 1 May 2026 could only be relied on if the landlord issued the county court possession claim by 31 July 2026 - a notice with no claim issued by that date has expired. Where a claim was issued in time, the case continues through the courts and 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?
- For an ordinary private assured tenancy, Section 8 of the Housing Act 1988 is now the usual 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 1 (landlord or qualifying family moving in) - serve the prescribed Section 8 notice, and prove the ground at a county court hearing. Mandatory grounds ordinarily require possession if every statutory condition is proved; discretionary grounds also require the court to find it reasonable to make an order. Other tenancy and occupancy statuses can follow different routes.
- 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?
- From 1 May 2026 the Renters' Rights Act 2025 abolished new Section 21 notices, converted private assured tenancies to the periodic model, changed Section 13 rent rules and Section 8 grounds, and introduced a right for assured tenants to request a pet. The PRS Landlord Ombudsman is not yet a current route: mandatory membership is scheduled for 2028. Awaab's Law and a Decent Homes Standard for private renting await later implementation.
- Do I have to move out when I receive a Section 8 notice?
- No. A Section 8 notice is not an eviction. The landlord must apply to the county court for a possession order and prove the ground. The order can set a date to leave; if you remain, physical removal requires authorised court enforcement under a warrant or, where lawfully transferred, a writ. Do not hand keys back voluntarily without considering advice. Whether the notice and ground succeed depends on the facts and law.
- 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.