Section 21 Abolished: What It Means and What Landlords Must Do Now
Section 21 of the Housing Act 1988 — the no-fault eviction notice — can no longer be used for private assured tenancies in England from 1 May 2026, following the Renters' Rights Act 2025. From that date, landlords seeking possession rely on Section 8 of the Housing Act 1988, which requires a specific statutory ground to be established. This guide explains what changed, what transitional rules applied to notices already served, and what landlords must do differently under the new regime. It is not legal advice.
Section 21 notices can no longer be served for any private assured tenancy in England. This applies regardless of when the tenancy began. All possession claims now require a specific statutory ground under Section 8 of the Housing Act 1988 as amended.
What Section 21 was
Section 21 of the Housing Act 1988 allowed landlords to recover possession of a property from an assured shorthold tenant without establishing any fault or reason, provided that procedural requirements were met. These requirements included giving at least two months' written notice, serving the notice on the prescribed form, and ensuring various compliance preconditions were met — including deposit protection and service of the required documentation.
Section 21 was widely used as a backstop possession mechanism. Even where a landlord had a substantive reason for wanting possession, many chose to serve a Section 21 notice to avoid the complexity and uncertainty of Section 8 proceedings.
What changed on 1 May 2026
The Renters' Rights Act 2025 repealed Section 21 with effect from 1 May 2026. The repeal applies to all private assured tenancies in England — there is no carve-out for tenancies that pre-date the Act, and no phased implementation for landlords.
At the same time, all existing fixed-term assured tenancies automatically became assured periodic tenancies. New fixed-term assured tenancies can no longer be created. The rental period of the resulting periodic tenancy is determined by how rent was payable under the existing agreement.
Rent review clauses in existing tenancy agreements can no longer be used after 1 May 2026. The only lawful method for increasing rent on an assured periodic tenancy in England is a Section 13 notice using the prescribed Form 4A.
Before and after: the key differences
| Situation | Before 1 May 2026 | From 1 May 2026 |
|---|---|---|
| Recovering possession | Section 21 (no reason required) or Section 8 (specific ground) | Section 8 only — specific statutory ground required |
| Tenancy type | Fixed-term AST or periodic tenancy | Periodic only — fixed-term assured tenancies cannot be created |
| Rent increases | Rent review clause in agreement, or Section 13 notice | Section 13 notice only — Form 4A, two months' notice minimum |
| Compliance gaps | Could be papered over with Section 21 in many cases | Directly relevant to any Section 8 proceedings — must be addressed before serving notice |
| Pet requests | No statutory right for tenants to request a pet | Statutory right — landlord must respond within statutory period (ordinarily 28 days) or consent is treated as given |
Transitional provisions: notices served before 1 May 2026
The Renters' Rights Act 2025 included transitional provisions for Section 21 notices that had already been served before the abolition date.
Under those provisions, a Section 21 notice served before 1 May 2026 could only be used to commence possession proceedings up to the earlier of:
- Six months after the date the notice was served, or
- 31 July 2026
Whichever of those two dates fell first determined the final date on which proceedings could be commenced using a pre-abolition Section 21 notice.
In practice, tenancies that started on or after 1 January 2026 were unlikely to benefit from Section 21 at all. A Section 21 notice requires a minimum of two months' notice, and with abolition taking effect on 1 May 2026, there was insufficient time for a valid notice served on a January 2026 tenancy to run its course before the deadline.
If you served a Section 21 notice before 1 May 2026 and have not yet commenced proceedings, check whether you are still within the transitional window. If the deadline has passed, that notice can no longer be used. You would need to serve a Section 8 notice and establish a specific ground. Take legal advice before proceeding.
Section 8: what landlords must establish
Section 8 of the Housing Act 1988, as amended by the Renters' Rights Act 2025, is now the sole possession mechanism. To use Section 8, a landlord must:
- Identify a specific statutory ground from Schedule 2 of the Housing Act 1988 (as amended)
- Serve a Section 8 notice on the prescribed form specifying that ground and the required notice period
- If the tenant does not leave at the end of the notice period, apply to the court for a possession order
- Satisfy the court that the ground is made out
On mandatory grounds, if the ground is established the court must make a possession order. On discretionary grounds, the court may decline to make an order even where the ground is technically made out, if it considers it unreasonable to do so.
The notice period, court process, and outcome all differ significantly from Section 21. Landlords who relied on Section 21 as their primary possession route should take legal advice to understand how Section 8 applies to their situation before serving any notice.
Why compliance matters more under Section 8
Under Section 21, a landlord's compliance record was relevant primarily as a procedural precondition — certain failures (such as not protecting the deposit or not serving the prescribed documents) would invalidate the Section 21 notice itself. But once those boxes were ticked, the landlord's broader compliance history was largely irrelevant to the outcome.
Under Section 8, the position is different. The official GOV.UK guidance on repossession on or after 1 May 2026 states that landlords can be prevented from gaining possession if they have not complied with certain statutory requirements, including deposit protection obligations and, once it is operational, PRS Database registration.
Beyond those specific examples, discretionary grounds give courts latitude to consider the overall conduct of the landlord and tenant when deciding whether to grant an order. A landlord who can demonstrate a clear, documented compliance record is in a materially stronger position than one who cannot.
A timestamped, verifiable record of your statutory obligations — certificates obtained, documents served, deadlines met — does not guarantee any particular outcome in possession proceedings. It does mean that if your compliance is challenged, you have dated, documented evidence to produce. LettingsLedger builds that record automatically as you complete your obligations.
What landlords must do now
- Understand the Section 8 framework. From 1 May 2026, landlords seeking possession rely on Section 8 grounds. Each ground has specific requirements and evidence thresholds. Review which grounds may be relevant to your situation and what each requires before taking any steps. Take legal advice before serving a notice.
- Complete your compliance programme. For Section 8 proceedings, your deposit must be protected. Once operational, you must be registered on the PRS Database to use certain grounds. Other statutory obligations — gas safety, electrical safety, EPC — affect your overall compliance standing.
- Update your tenancy documentation. Remove rent review clauses — they can no longer be used after 1 May 2026. Use only the current version of the How to Rent guide for new tenancies. Use Form 4A for any rent increases.
- Serve the RRA Information Sheet on existing tenants. This was required by 31 May 2026 for assured tenancies with written terms that pre-dated 1 May 2026.
- Establish a process for pet requests. Tenants now have a statutory right to request a pet. You must respond within the statutory period — ordinarily 28 days — or consent is treated as given.
- Take legal advice before serving any possession notice. The Section 8 process is more complex than Section 21. Procedural errors can result in invalid notices and delay. A solicitor experienced in residential possession proceedings is advisable before you serve.
Failure to meet statutory requirements — for example, deposit protection obligations, or once operational, PRS Database registration — may affect a landlord's ability to rely on certain Section 8 grounds. Beyond those specific requirements, courts in discretionary proceedings take account of the overall conduct of both parties. A documented compliance record removes a significant category of potential challenge.
Does this apply outside England?
The Renters' Rights Act 2025 applies to England only.
- Scotland restricted no-fault eviction significantly earlier under the Private Housing (Tenancies) (Scotland) Act 2016, which introduced open-ended private residential tenancies.
- Wales operates under the Renting Homes (Wales) Act 2016, which came into full force in December 2022. Occupation contracts in Wales have their own possession framework.
- Northern Ireland has a separate legislative framework under the Private Tenancies (Northern Ireland) Order 2006 and related legislation.
Do not apply the provisions described in this guide to tenancies in Scotland, Wales, or Northern Ireland.