Section 21 abolished: what happens now (2026 guide)
Direct answer
From 1 May 2026 the Renters' Rights Act 2025 abolishes new Section 21 notices in the private rented sector in England. A landlord cannot serve a fresh Section 21 from that date, they must instead use a grounds-based Section 8 notice under Schedule 2 of the Housing Act 1988.
Section 21 abolition timeline
From 1 May 2026, Section 21 of the Housing Act 1988 is abolished for the private rented sector in England, and a Section 21 notice dated on or after that date has no legal effect. The transitional window closes on 31 July 2026: any legacy Section 21 possession claim must be issued at the county court by then or the notice expires. From 1 August 2026 onwards, Section 8 under Schedule 2 of the Housing Act 1988 is the only lawful possession route, and every claim must specify a ground.
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. That route is gone for any new notice served on or after 1 May 2026. In its place, the Section 8 grounds-based procedure becomes the only lawful route: the landlord must specify the ground, follow the prescribed notice period, apply to the county court if the tenant does not leave, attend a hearing, and prove the ground. Mandatory grounds require possession if proved; discretionary grounds apply a reasonableness test.
What Section 8 grounds can a landlord now use?
From 1 May 2026, every possession claim must rely on one or more grounds in Schedule 2 of the Housing Act 1988 as amended. Notice periods below are for notices served on or after 1 May 2026.
- Ground 8 - serious rent arrears (3 months for monthly tenancies) - Mandatory - 4 weeks
- Ground 1A - landlord intends to sell - Mandatory - 4 months
- Ground 1 - landlord or close family moving in - Mandatory - 4 months
- Ground 7A - serious anti-social behaviour with conviction - Mandatory
- Ground 6 - landlord intends major redevelopment - Mandatory - 4 months
- Ground 14 - anti-social behaviour or nuisance - Discretionary
- Ground 10 - some rent arrears below the Ground 8 threshold - Discretionary - 4 weeks
- Ground 11 - persistent late payment of rent - Discretionary - 4 weeks
- Ground 12 - breach of tenancy terms - Discretionary - 2 weeks
New tenant protections from 1 May 2026
The Renters' Rights Act 2025 does more than abolish Section 21; it rewrites several core rules of the private rented sector.
- No new fixed-term tenancies: all new private tenancies become periodic from 1 May 2026, and existing tenancies move to the periodic model on the same date.
- Rent increases limited to once per year: a landlord can propose only one increase per 12-month period using the prescribed Section 13 notice; an excessive increase can be referred free to the First-tier Tribunal before the effective date.
- Pets cannot be unreasonably refused, though the landlord may require pet damage insurance.
- Private Rented Sector Ombudsman: a new scheme landlords must register with, letting tenants complain about landlord conduct without going to court.
- Awaab's Law extended to private renting, requiring quicker responses to serious damp, mould, and hazards.
What about legacy Section 21 notices served before the cutoff?
A Section 21 notice validly served before 1 May 2026 may still be enforceable 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 landlord must issue any possession claim by 31 July 2026. After that date, the old Section 21 route is closed.
What to do if you receive an eviction notice in 2026
Work through these steps before responding - many notices are defective, and you keep your rights until a court orders otherwise.
- Check the notice type and date: a Section 21 dated on or after 1 May 2026 has no legal effect; a Section 8 must name a Schedule 2 ground.
- Do not hand back keys or leave voluntarily: you can stay until a court possession order is granted and enforced by a bailiff.
- Run the relevant checker: the Section 21 checker for legacy notices, the Section 8 checker for later notices or those citing a ground.
- Gather your documents: the notice, tenancy agreement, deposit certificate and prescribed information, gas safety certificate, EPC, How to Rent guide, and rent records.
- Seek advice before responding: Shelter (0808 800 4444), Citizens Advice, or a housing solicitor; Legal Aid is available for housing cases on a means and merits test.
- File a defence if court papers arrive: you usually have a short deadline to respond or risk a possession order by default.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read Section 21 validity guides.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see tenant rights guide before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check May 2026 transition guide to compare the legal tests.
- For a fuller breakdown of legacy Section 21 notice rules, use reform guide for private renters for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with landlord eviction rules 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: 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
- Renter questions answered
Plain-English answers to the most-asked questions from private renters in England: eviction, deposits, rent increases, repairs, illegal eviction, and pets. - 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. - How to challenge an eviction notice in England
Action-focused guide for identifying the notice type, checking validity, gathering evidence, responding safely, and preparing for court. - What happens if you do not leave after Section 21?
Plain-English guide to what a Section 21 notice means, what happens after expiry, court, bailiffs, and when to act. - Tenant checklist England 2026
A stage-by-stage checklist for issues before move-in, during the tenancy, and at move-out.
Common questions
- Is Section 21 abolished?
- Yes. The Renters' Rights Act 2025 abolishes Section 21 of the Housing Act 1988 for the private rented sector in England. From 1 May 2026 a landlord cannot serve a new Section 21 no-fault notice. Every fresh possession claim must use the Section 8 grounds-based route under Schedule 2 of the Housing Act 1988.
- When was Section 21 abolished?
- Section 21 is abolished with effect from 1 May 2026 under the Renters' Rights Act 2025. The Act received Royal Assent in 2025 and the abolition commencement date is 1 May 2026. A Section 21 notice dated on or after 1 May 2026 has no legal effect.
- What happens to my Section 21 notice now?
- A Section 21 notice that was validly served before 1 May 2026 can still be relied on during a short transitional window. The landlord must issue the county court possession claim by 31 July 2026; after that date the notice expires. 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?
- Section 8 of the Housing Act 1988 is now the only 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 1B (landlord moving in) - serve the prescribed Section 8 notice, and prove the ground at a county court hearing. Mandatory grounds require possession if proved; discretionary grounds leave the decision to the judge.
- 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?
- The Renters' Rights Act 2025 brought in: abolition of new Section 21 notices; all private tenancies becoming periodic (no new fixed terms); rent increases limited to once per 12 months via a prescribed Section 13 notice; strengthened Section 8 grounds; a new Private Rented Sector Ombudsman; extension of the Awaab's Law framework to private renting; and a ban on unreasonably refusing pets. These changes apply to all assured shorthold tenancies in the private rented sector in England.
- Do I have to move out when I receive a Section 8 notice?
- No. A Section 8 notice is not an eviction. You do not have to leave when the notice period expires. The landlord must apply to the county court for a possession order, attend a hearing, and prove the ground. Only a court bailiff with a warrant of possession can lawfully remove you. Do not hand keys back voluntarily unless you have taken advice. Many notices are defective or the ground cannot be proved.
- 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.
Use the interactive checker on getrentersrights.com for the full step-by-step result.