Section 21 served after 1 May 2026: it's void
Direct answer
A genuine Section 21 notice served on or after 1 May 2026 is not valid and cannot lead to a Section 21 possession order. The Renters' Rights Act 2025 abolished the route entirely for private assured tenancies in England. This only applies to an actual Section 21 notice, so check which notice you have first. A notice served before 1 May 2026 follows different transitional rules.
Your landlord now needs a valid ground. Run the free Section 8 notice checker.
First, check which notice you actually have
Everything on this page about a notice being void applies only to a genuine Section 21 notice. Landlords sometimes serve a Section 8 notice instead, which lists a specific legal ground and remains a valid possession route after 1 May 2026. Both notice types can use similar heading wording, so the heading alone does not reliably tell you which one you have.
If your notice lists a numbered ground, it is a Section 8 notice, not Section 21. New Section 8 notices remain a valid possession route after 1 May 2026, and the void conclusion on this page does not apply to it. Stop and run the Section 8 checker instead.
- Section 21 (void from 1 May 2026): lists no ground or reason for possession, this was the "no-fault" route. Before 1 May 2026 it used Form 6A.
- Section 8 (still valid): lists one or more numbered grounds under Schedule 2 of the Housing Act 1988 (for example "Ground 8", "Ground 1", or "Ground 14") with an explanation of the facts relied on. Uses Form 3A (or the earlier Form 3 for a notice served before 1 May 2026).
What about a notice served before 1 May 2026?
A Section 21 notice validly served before 1 May 2026 was not automatically cancelled. It could still be relied on during a transitional window, but only if it satisfied every ordinary Section 21 validity requirement (Form 6A, deposit protection, prescribed information, gas safety certificate, EPC, How to Rent guide, licensing, no retaliatory eviction) and the landlord asked the court to issue the claim within the transitional deadline.
That transitional court-issue deadline was 31 July 2026. As of today, that date has passed, so no Section 21 notice, new or legacy, can currently be used to start a new county court possession claim. A claim already properly issued before the deadline can still continue, but a legacy notice cannot now support a fresh claim.
What to do
Whatever the date on the notice, do not leave your home on the strength of a Section 21 notice alone. You can always choose to give your own notice or agree to surrender the tenancy, but if you want to stay, your landlord cannot lawfully make you leave an assured tenancy without a county court possession order, followed by authorised court enforcement if you remain.
- Do not leave by the date on the notice - a void notice does not require you to leave.
- Keep the notice, the envelope, and proof of service.
- Respond in writing stating that the notice is void and why.
- Check whether it might instead be a Section 8 notice, and run the Section 8 checker if so.
- Get advice from Shelter (0808 800 4444) or Citizens Advice if you feel pressured.
A paragraph you can copy into a letter or email
Use this only if you have confirmed above that the notice does not list a numbered ground under Schedule 2 of the Housing Act 1988, that is, it is a genuine Section 21 notice, not Section 8. Adjust the date and check it fits your situation before sending.
"I am writing about the notice headed 'Section 21' dated [date], which I received on [date received]. This notice does not cite any ground under Schedule 2 of the Housing Act 1988. Section 21 of the Housing Act 1988 was abolished for private assured tenancies in England with effect from 1 May 2026 under the Renters' Rights Act 2025. As this notice was served on or after that date, it has no legal effect and cannot be used to obtain a possession order. I do not accept this notice as valid and I am not leaving the property on the basis of it. If you wish to seek possession, please serve a valid Section 8 notice citing an available ground under Schedule 2 of the Housing Act 1988."
What your landlord can lawfully do instead
For an ordinary private assured tenancy, the landlord's lawful route is a Section 8 notice under Schedule 2 of the Housing Act 1988, citing an available ground: for example Ground 8 (serious rent arrears), Ground 1 or Ground 1A (landlord or close family moving in, or selling), or Ground 14 (anti-social behaviour). Mandatory grounds require the court to grant possession if every statutory condition is proved. Discretionary grounds also require the court to find it reasonable to make an order. The landlord must still give the correct notice period, and then apply to the county court and obtain a possession order if you do not leave voluntarily.
Harassment and illegal eviction warning
A landlord who changes the locks, removes your belongings, cuts off utilities, or otherwise tries to force you out without a valid notice and a court order may be committing a criminal offence under the Protection from Eviction Act 1977. This applies whether or not they have served a void Section 21 notice. If this happens or is threatened, contact the police and your council's tenancy relations team, and run the illegal eviction checker.
Check your notice
- Check a Section 8 notice
The lawful route your landlord must use now to seek possession, with a valid ground. - Check a pre-1 May 2026 Section 21 notice
Use this only to check the history and validity of a genuinely pre-1 May 2026 notice. - Illegal eviction and harassment checker
Run this if your landlord is trying to force you out without a valid notice and a court order.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read legacy Section 21 checker.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see all Section 21 condition guides before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check current guidance on Section 21 prescribed information to compare the legal tests.
- For a fuller breakdown of legacy Section 21 notice rules, use deposit protected late Section 21 rules for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with Section 21 abolition guide 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: notices before 1 May 2026
Government transition guidance for possession notices served before the 1 May 2026 Renters' Rights Act changes. - Protection from Eviction Act 1977
Primary statute covering unlawful eviction, harassment, and the requirement for proper process before a residential occupier is forced out. - 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. - What replaces Section 21?
Section 21 has been replaced by Section 8 under the Renters' Rights Act 2025. Landlords must now prove a legal ground to evict.
Common questions
- Are Section 21 notices still legal in 2026?
- Not for a new notice. From 1 May 2026, the Renters' Rights Act 2025 abolished Section 21 for private assured tenancies in England: a landlord cannot lawfully serve a new Section 21 notice on or after that date. A Section 21 notice validly served before 1 May 2026 could still be relied on during a transitional window, but that window's court-issue deadline of 31 July 2026 has now passed, so even a legacy notice cannot currently be used to start a new court claim.
- Can a landlord still serve Section 21 in 2026?
- No. Section 21 of the Housing Act 1988 no longer provides a route to serve a new notice for a private assured tenancy in England from 1 May 2026 onwards. A genuine Section 21 notice (previously Form 6A) dated on or after that date is void and cannot lead to a Section 21 possession order, whatever it says on its face. This only applies to an actual Section 21 notice: check first that the document does not list a numbered ground under Schedule 2 of the Housing Act 1988, because a document that does is a Section 8 notice, which remains a valid possession route.
- How do I know if my notice is Section 21 or Section 8?
- Check whether the document lists a numbered ground with an explanation of the facts relied on, for example 'Ground 8', 'Ground 1', or 'Ground 14'. A Section 21 notice never lists a ground, because it is the 'no-fault' route. A Section 8 notice always lists at least one ground under Schedule 2 of the Housing Act 1988, and uses Form 3A (or the earlier Form 3 for a notice served before 1 May 2026). Both notice types can use similar heading wording, so the heading alone does not reliably tell you which one you have: check for a numbered ground instead. If in doubt, run the Section 8 checker, which will tell you if the document does not match its rules.
- What happens if my landlord serves a Section 21 notice now?
- If it is a genuine Section 21 notice, meaning it does not list a numbered ground under Schedule 2 of the Housing Act 1988, it has no legal effect and cannot be used to apply for a Section 21 possession order, because the route was abolished by the Renters' Rights Act 2025. Keep the notice, the envelope or message it arrived in, and any proof of how it was served, and respond in writing stating that the notice is void. If the document does list a numbered ground, it is a Section 8 notice, not Section 21, and remains a valid possession route: run the Section 8 checker instead of relying on anything about void notices on this page.
- Do I have to leave if I get a Section 21 notice after 1 May 2026?
- No. A void Section 21 notice served on or after 1 May 2026 gives your landlord no legal basis to recover possession, so it does not require you to leave by any date it states. Do not hand back keys or move out on the strength of that notice alone. If your landlord wants to recover possession, they must serve a valid Section 8 notice citing a proper ground and, if you do not leave, obtain a possession order from the county court.
- What can my landlord do instead of Section 21?
- For an ordinary private assured tenancy, the landlord's lawful route is a Section 8 notice under Schedule 2 of the Housing Act 1988, citing an available ground such as Ground 8 (serious rent arrears), Ground 1 or 1A (landlord or family moving in, or selling), or Ground 14 (anti-social behaviour). Mandatory grounds require the court to grant possession if every statutory condition is proved; discretionary grounds also require the court to find it reasonable to do so.
- Is this legal advice?
- No. This is general legal information based on the Housing Act 1988 and the Renters' Rights Act 2025, for private renters in England. It is not legal advice. If you have received court papers or feel pressured to leave, get urgent free advice from Shelter (0808 800 4444) or your local Citizens Advice.
Use the interactive checker on getrentersrights.com for the full step-by-step result.