What replaced Section 21 in England?

What the law says

Section 21 of the Housing Act 1988 previously allowed no-fault possession for assured shorthold tenancies. The Renters' Rights Act 2025 abolished new Section 21 notices in England from 1 May 2026 and changed assured tenancies so private renters generally have periodic assured tenancies instead of fixed-term assured shorthold tenancies.

Section 8 of the Housing Act 1988 is now the main route. The landlord must serve a notice naming one or more Schedule 2 grounds, then prove those grounds in court. Examples include Ground 1 or Ground 1A where the landlord or close family intends to occupy or sell, Ground 8 for serious rent arrears, and Ground 14 for anti-social behaviour. The court process still matters even where the ground is mandatory.

Step-by-step: what to do

1. Identify whether the notice is a Section 8 notice on Form 3. A new Section 21 notice after 1 May 2026 is not the correct route.

2. Find the ground number and read the particulars explaining the facts.

3. Check whether the ground is mandatory or discretionary because that affects the defence strategy.

4. Check the notice period for that specific ground.

5. Gather evidence that responds to the ground, such as rent statements, repair evidence, sale evidence, or anti-social behaviour records.

6. Wait for court papers unless you choose to leave voluntarily after getting housing advice.

Common mistakes to avoid

Do not treat every Section 8 notice as valid just because Section 21 has ended. The landlord still has to use the right form, ground, notice period, and evidence. Do not ignore discretionary grounds; the landlord can still win where the court thinks possession is reasonable. Do not leave simply because the landlord says Section 21 has been replaced by an automatic new power. It has not.

• Check the Form 3 notice.
• Match the facts to the ground.
• Separate mandatory from discretionary grounds.
• Prepare for court if the landlord issues a claim.

Related guidance

• Section 8 checker
  Check the new ground-based eviction route.
• Old Section 21 notices
  What happens to notices served before abolition.
• Section 8 grounds
  Understand the legal reasons the landlord can rely on.
• The landlord wants to sell
  How the post-Section 21 sale ground works.

Common questions

What replaced Section 21 in England?

Section 21 has been replaced by a ground-based possession system. From 1 May 2026 in England, your landlord cannot serve a new no-fault Section 21 notice and must use Section 8 of the Housing Act 1988 with a specific legal ground. Some grounds are mandatory if proved, while others are discretionary and depend on whether the court thinks possession is reasonable. The practical change is that your landlord now has to identify and prove a reason.

Can your landlord evict without giving a reason?

No. For new eviction notices in England after 1 May 2026, the landlord needs a Section 8 ground.

Are all Section 8 grounds mandatory?

No. Some grounds are mandatory if proved, and some are discretionary. Discretionary grounds require the court to decide reasonableness.

Can the landlord sell the property?

The landlord can seek possession using the sale ground if the statutory requirements are met and the court process is followed.

Does the landlord still need court?

Yes. A Section 8 notice does not itself evict you. The landlord needs a possession order and bailiff enforcement if you stay.