What Replaces Section 21? Everything Tenants Need to Know (2026)
Direct answer
Section 21 has been replaced by Section 8 for new eviction notices in England. A landlord now needs a legal ground, the correct notice period, and a court order before bailiffs can remove a tenant. The key change is that eviction is no longer no-fault: the reason must fit the statutory grounds and be provable.
Last updated: 26 May 2026.
How does Section 8 work now?
A Section 8 notice is a formal document the landlord must serve before applying to the county court for possession. Unlike the old Section 21, the landlord must state which statutory ground they rely on and prove it at a hearing. The route sits in the Housing Act 1988 as amended by the Renters' Rights Act 2025. Notice periods vary by ground: Ground 8 (serious rent arrears) needs 4 weeks; Ground 1A (sale) and Ground 1 (moving in) need 4 months; Ground 14 (anti-social behaviour) can be as short as the day the notice is served.
- Mandatory grounds: if the landlord proves the ground, the court must grant possession - for example serious rent arrears (Ground 8), landlord selling (Ground 1A), landlord moving in (Ground 1).
- Discretionary grounds: if proved, the court may grant possession only if it is also reasonable to do so - for example some rent arrears (Ground 10), anti-social behaviour (Ground 14).
Which Section 8 grounds replace Section 21?
The landlord must cite one of the Schedule 2 grounds. Private landlords normally need notice, a court order, and bailiff enforcement before any eviction can happen.
- Ground 8 - 3+ months rent arrears (notices from 1 May 2026) - Mandatory
- Ground 10 - some rent arrears - Discretionary
- Ground 14 - anti-social behaviour - Discretionary
- Ground 1A - landlord intends to sell - Mandatory
- Ground 1 - landlord or family moving in - Mandatory
What does the change mean for tenants?
The reform shifts the balance of security toward renters.
- Stronger security of tenure: the landlord cannot end your tenancy simply because they want to - they must rely on a Schedule 2 ground and prove it.
- You can challenge an eviction if the ground does not apply; the checker helps you see whether the stated ground is valid and what defences exist.
- You still need to pay rent and look after the property - keeping up with rent is the strongest protection against a mandatory possession order.
What if I already have a Section 21 notice?
If your landlord served a Section 21 notice before 1 May 2026, it may still be active under transitional rules only: the landlord must have issued county court proceedings by 31 July 2026, after which the notice expires. Many legacy notices are also invalid for other reasons - the deposit was not protected, the gas safety certificate was missing, the How to Rent guide was not given, or the form was wrong. Run the checker to see whether yours fails on any of these grounds.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read 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 Section 21 prescribed information validity guide 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: private renting evictions
Government guidance on eviction notices, court orders, bailiffs, and tenant rights in private renting.
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 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.
Common questions
- What has replaced section 21 in 2026?
- Section 8 notices have replaced section 21. Landlords must now use a Section 8 notice and prove one of the statutory grounds for possession, such as rent arrears or anti-social behaviour.
- Can landlords still evict tenants in 2026?
- Yes, but only using Section 8 with a valid legal ground. No-fault evictions using section 21 are no longer permitted.
- Is section 21 completely gone?
- Yes - for new notices. Any section 21 notice served on or after 1 May 2026 is invalid. Notices served before that date may still be active but are subject to a transitional window: the landlord must have issued court proceedings by 31 July 2026.
- Do tenants have to leave when they receive a Section 8 notice?
- No. A Section 8 notice is not the eviction itself. The landlord normally still needs to prove the ground in court, obtain a possession order, and use bailiffs before a tenant can be lawfully removed.
Use the interactive checker on getrentersrights.com for the full step-by-step result.