Section 21 Eviction Notice: Abolished — The Landlord's Guide | LegalDocuments.co.uk

At a glance

• Section 21 abolished: 'no-fault' evictions in the private rented sector in England ended on 1 May 2026, under the Renters' Rights Act 2025.
• Last day to serve a new Section 21 notice: 30 April 2026. None can be validly served now.
• Transitional deadline for existing notices: if you served a Section 21 (or old-form Section 8) notice before 1 May 2026, in most cases you must apply to court by the earlier of 31 July 2026 or the time remaining on the notice, a deadline that is now only days away.
• All ASTs converted automatically: every assured shorthold tenancy became a rolling assured periodic tenancy on 1 May 2026, no fixed term, no end date.
• Replacement route: the Section 8 process, grounds-based possession, using the new Form 3A for privately rented property, with notice periods that vary by ground.
• Deposit protection is now a universal gateway condition: GOV.UK confirms a court cannot make a possession order under any ground unless the deposit was properly protected.
• England only. Wales runs its own separate regime under the Renting Homes (Wales) Act 2016.

What Section 21 was, and why it mattered

A Section 21 notice took its name from section 21 of the Housing Act 1988. It let a landlord in England recover possession of a property let on an assured shorthold tenancy without proving the tenant had done anything wrong, which is why it was widely known as a 'no-fault' notice. The notice itself didn't evict anyone; it told the tenant the date by which possession was required, and gave the landlord the right to apply to court if the tenant stayed on.

To be valid, a Section 21 notice had to be served on the prescribed Form 6A, give the tenant at least two months, and meet a long list of prerequisites: the deposit protected in an approved scheme with prescribed information given, a current gas safety certificate, a valid Energy Performance Certificate, and the government's 'How to Rent' guide all provided before service. Missing any of these, or serving within the first four months of the tenancy, or serving retaliation for a legitimate disrepair complaint, could invalidate the whole notice.

That entire route no longer exists for privately rented property in England.

The abolition: what changed on 1 May 2026

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Sections 1 to 3 of the Act ended assured shorthold tenancies and, with them, the Section 21 process. Commencement was confirmed by the Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026, bringing the relevant provisions into force on 1 May 2026.

This was a 'big bang' commencement: it applied to new lettings and to existing tenancies alike. On 1 May 2026, almost every existing assured shorthold tenancy in England converted automatically into an assured periodic tenancy, rolling from period to period with no fixed end date, unless a valid Section 21 or Section 8 notice had already been served before that date (see the transitional rules below).

GOV.UK's own confirmation is unambiguous: "No more Section 21 'no-fault' evictions – private landlords can no longer evict tenants without a valid reason." Asked directly whether Section 21 is still legal, GOV.UK's guidance answers: "No – these have been banned for good."

The transitional window that's closing now

Section 21 did not disappear from every case overnight. If you served a valid Section 21 notice before 1 May 2026 and the tenant hadn't left by the time it expired, GOV.UK's guidance on assured tenancy forms sets out a narrow window to still apply to court:

• The deadline to begin court proceedings is the earlier of the time remaining on your original notice or 31 July 2026.
• If court proceedings had already started before 1 May 2026, or were delayed because the tenant entered a debt 'breathing space', different transitional rules keep the case alive.
• Miss the deadline, or have the possession order refused, and the notice lapses. You must start again using the current Section 8 grounds and forms.

The same 31 July 2026 cut-off applies to old-form Section 8 notices served before 1 May 2026. As this page was reviewed, that deadline was only around two weeks away. If you have a live Section 21 or pre-reform Section 8 notice and the tenant hasn't left, check your exact timeline against GOV.UK's current guidance immediately, this is not a date to discover late.

What replaces Section 21: Section 8 grounds-based possession

Since 1 May 2026, the only way to end a tenancy in the private rented sector (short of the tenant leaving voluntarily) is a Section 8 notice specifying one or more statutory grounds for possession. The prescribed form for privately rented property is now Form 3A ("also known as a Section 8 notice", per GOV.UK), not the old Form 3 or Form 6A, both of which are now reserved for social housing assured tenancies still operating under the pre-reform rules.

Notice periods and requirements vary considerably by ground. The table below covers the grounds landlords use most often; it is not exhaustive, GOV.UK's grounds-for-possession guidance lists over 30 in total, including several specific to social housing.

| Ground | What it covers | Notice period | Key restriction | |---|---|---|---| | Ground 1 | Landlord or close family member moving in | 4 months | Cannot be used, or expire, within the first 12 months of the tenancy | | Ground 1A | Landlord selling the property | 4 months | Same 12-month protected period; cannot be used on certain pre-1 May 2026 non-shorthold "lifetime" tenancies | | Ground 4A | Re-letting an HMO to new students for the academic year | 4 months | Applies 1 June to 30 September; tenancy must not have been agreed more than 6 months before it started | | Ground 8 | Serious rent arrears (mandatory if proved) | 4 weeks | Tenant must owe at least 3 months' rent (monthly) or 13 weeks' rent (weekly/fortnightly), both when notice is given and at the court hearing | | Ground 10 | Any rent arrears (discretionary) | 4 weeks | Court decides whether eviction is reasonable | | Ground 11 | Persistent late payment of rent (discretionary) | 4 weeks | Court decides whether eviction is reasonable | | Ground 14 | Antisocial behaviour | None, apply immediately | Court cannot make the possession order until 14 days after notice is given | | Ground 7A | Severe antisocial or criminal behaviour (mandatory) | None, apply immediately | Same 14-day minimum before an order can be made |

Whichever ground is used, if the tenant hasn't left by the time the notice period ends, the landlord must apply to the county court for a possession order, then, if still needed, a warrant so bailiffs can carry out the eviction. Section 8 possession claims are decided at a court hearing, unlike the old Section 21 accelerated procedure, which usually didn't require one.

Compliance requirements that still apply

Deposit protection now matters for every possession claim, not just Section 21. GOV.UK's grounds-for-possession guidance for landlords states plainly: "The court will not be able [to] make a possession order to evict your tenant if you have not protected their deposit in a government approved tenancy deposit scheme." This is no longer a Section 21-specific trap, it's a gateway condition for possession under any ground.

Energy Performance Certificates and gas safety certificates remain separate, ongoing statutory duties for private landlords in their own right, independent of the eviction route used.

The 'How to Rent' guide was withdrawn as the prescribed compliance document from 1 May 2026. It has been replaced by the government's Renters' Rights Act Information Sheet 2026, which landlords with existing tenancies needed to give their tenants by 31 May 2026 (or, for a purely verbal tenancy, written information about the key terms by the same date). Check GOV.UK for the current version before relying on either document.

What to do if you already served a Section 21 notice

1. Check the date you served it. If it was on or after 1 May 2026, it is not valid, Section 21 no longer exists for private lettings.
2. Work out your exact deadline. For notices served before 1 May 2026, confirm whether your cut-off is 31 July 2026 or an earlier date tied to your notice, using GOV.UK's current guidance on assured tenancy forms.
3. If proceedings haven't started, act now. Court applications on a pre-reform notice cannot be made after the deadline, whatever the notice itself said.
4. If you miss the window, plan for Section 8. You will need to choose an appropriate ground, serve the new Form 3A, and observe the relevant notice period from scratch.
5. Keep evidence of everything, service dates, deposit protection, and any court correspondence. You may need to show a court exactly when each step happened.

What to do if you need possession now

1. Accept that Section 21 is not available. There is no "no-fault" route left in the private rented sector.
2. Identify which Section 8 ground fits your situation, for example rent arrears, wanting to sell or move in, or antisocial behaviour, and check the specific notice period and restrictions that apply to it.
3. Confirm the deposit is protected, and every other compliance duty is up to date, before you serve notice; a court can refuse possession on this basis regardless of which ground you use.
4. Serve Form 3A, or your own document containing the same prescribed information, giving the correct notice period for your ground.
5. Apply to court if the tenant stays on once the notice expires. Never attempt to remove a tenant or change the locks yourself, that is an unlawful eviction and a criminal offence.

This guide provides general information about Section 21's abolition and the Section 8 process in England. It is not legal advice and is not a substitute for advice tailored to your specific circumstances, particularly given how recently these transitional rules came into force. The law described was accurate as at 16 July 2026 and several deadlines discussed on this page are time-limited, always check GOV.UK and legislation.gov.uk for the current position before relying on any date.

Last reviewed: 16 July 2026 by a non-practising solicitor · Next review due: early August 2026, once the 31 July 2026 transitional deadline has passed, or sooner on any further legislative change.