Section 21 was abolished on 1 May 2026: what happens now?

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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.

Worksheet content updated . This is not a legal review date.

For private renters in England. Record only what you know; mark missing information as unknown. These worksheets organize facts for advice and do not decide your legal rights.

  1. Copy the notice heading and any ground numbers exactly as written.
  2. Keep evidence of when the notice was served and distinguish that from the date printed on it.
  3. 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.

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.

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.

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. 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.

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