Section 21 Has Been Abolished: What Landlords and Agents Need to Do Now
Section 21 no-fault evictions are abolished from 1 May 2026 under the Renters' Rights Act 2025. If you're a landlord or letting agent with active Section 21 notices, tenants you want to regain possession from, or simply a portfolio that relied on Section 21 as a safety net — here's exactly what changes and what you need to do.
The key dates
- 30 April 2026: Last day you can serve a legally valid Section 21 notice. The statute takes effect from 00:01 on 1 May 2026 (Phase 1 commencement)
- 1 May 2026: Section 21 abolished. No new notices can be served from this date
- 31 July 2026: Latest date to begin court proceedings on a s.21(1) notice or a standard s.21(4) notice served before 1 May 2026 (or 6 months from service — whichever is earlier)
- For s.21(4) "longer-notice" variants (where the date specified in the notice is more than 2 months after service): a different transitional rule applies (see below)
Under RRA 2025 Schedule 6 para 4(2) there are two separate "applicable period" regimes for Section 21 notices served before commencement:
- s.21(1) notice or standard s.21(4) notice (new HA 1988 s.21(4DA)): the applicable period ends at the earlier of (a) 6 months from the date the notice was given or (b) 31 July 2026.
- s.21(4) "longer-notice" variant (new HA 1988 s.21(4EA)): the applicable period ends at the earlier of (a) 4 months from the date specified in the notice or (b) 31 July 2026.
Footnote — how "31 July 2026" is derived. "31 July 2026" is the calendar date produced by "the period of three months beginning with the commencement date" (1 May 2026) in the new subsections that RRA 2025 Sch 6 para 4(2) inserts into HA 1988 s.21. Verbatim from the statute: "the period of three months beginning with the commencement date, if this three month period ends before the six month period" (new s.21(4DA)); "the period of three months beginning with the commencement date, if this three month period ends before the four month period" (new s.21(4EA)). The longstop tracks commencement — if the commencement statutory instrument ever changes, 31 July 2026 shifts with it.
If you have a valid Section 21 notice already served, it doesn't expire on 1 May 2026 — but you must commence court possession proceedings within whichever applicable period applies to your notice. The s.21(4) "longer-notice" branch is easy to miss: if the date specified in the notice is earlier than 1 April 2026, the 4-month period will expire before 31 July 2026 and the calendar alone will mislead. Check each notice individually.
See the RRA Deadline Tracker for a countdown to every key date.
Is Section 21 still valid right now?
Yes, until 30 April 2026. You can serve a Section 21 notice today and it will be legally valid, provided:
- You've protected the tenant's deposit in an approved scheme and served the prescribed information
- You've provided a valid Gas Safety Certificate, EICR, and EPC to the tenant
- You've given the tenant's local council at least 28 days' notice before serving (if the tenant has complained to the council about disrepair)
- The notice gives at least 2 months' notice
- You use the correct prescribed form (Form 6A)
These requirements haven't changed. What changes on 1 May 2026 is that the entire Section 21 mechanism ceases to exist.
What replaces Section 21?
All possession claims will use Section 8 of the Housing Act 1988, which requires you to prove specific grounds. The Renters' Rights Act amends and adds several grounds:
Mandatory grounds (court must grant possession)
| Ground | Reason | Notice period | Restrictions |
|---|---|---|---|
| Ground 1 | Landlord or family member moving in | 4 months | Cannot use in first 12 months of tenancy |
| Ground 1A (new) | Landlord intends to sell | 4 months | Cannot use in first 12 months of tenancy |
| Ground 4A (new) | Student accommodation — academic year cycle | 4 months | Any HMO where all tenants meet the "student test" (general student HMOs and PBSA); landlord gave pre-tenancy written notice; landlord intends to re-let to students next cycle; possession date within the 1 June – 30 September window |
| Ground 8 | Serious rent arrears (3+ months) | 4 weeks | Threshold raised from 2 to 3 months' arrears; notice period extended from 2 weeks to 4 weeks |
Discretionary grounds (court decides)
| Ground | Reason | Notice period | Notes |
|---|---|---|---|
| Ground 14 | Antisocial behaviour | 2 weeks (same-day service permitted in serious cases under retained HA 1988 s.8(4), e.g. with Ground 7A) | Substantive threshold unchanged. RRA 2025 s.4 adds discretionary-ground factors at HA 1988 s.9A (co-operation + HMO impact on other occupiers) and new s.7(5D) imposes a 14-day court-hearing delay |
| Ground 14A | Domestic abuse — partner has been removed | 2 weeks | Protects remaining tenant |
Notice periods above are drawn from the notice-period table inserted into HA 1988 as new s.8(4AA) by RRA 2025 s.3(3)(e). Ground 14's same-day-service route is the retained s.8(4) carve-out for serious cases. Verify against the enacted text before relying on any single period.
The full list of grounds is in Schedule 2 of the Housing Act 1988 as amended by the RRA.
What this means for your current portfolio
If you have active Section 21 notices
Decide now: Do you want to rely on the notice, or abandon it?
- If yes — s.21(1) notice or standard s.21(4) notice: commence court possession proceedings by the earlier of (a) 6 months from the date the notice was given or (b) 31 July 2026. Don't wait — court backlogs mean delays of 6–12 weeks are common.
- If yes — s.21(4) "longer-notice" variant (where the date specified is more than 2 months after service): commence court possession proceedings by the earlier of (a) 4 months from the date specified in the notice or (b) 31 July 2026. This branch is separate from the 6-month rule and easy to miss under RRA 2025 Sch 6 para 4(2).
- If no: consider whether a Section 8 ground applies to your situation instead.
If you're planning to sell a property
Ground 1A is new and specifically covers this scenario. You can serve 4 months' notice to the tenant, but you cannot use this ground in the first 12 months of the tenancy. If you're planning to sell in the next few months, you may want to serve a Section 21 notice before 30 April 2026 as a fallback.
If you have problem tenants
Section 8 is your route. The key grounds are:
- Rent arrears (Ground 8): 3+ months' arrears at both the date of serving notice and the date of the court hearing. Keep meticulous rent records — bank statements, reminders sent, payment agreements offered.
- Antisocial behaviour (Ground 14): Gather evidence — dated incident logs, neighbour statements, police report numbers, council ASB case references.
- Property damage (Ground 13): Photographic evidence from check-in vs. current condition. Inspection reports help.
The shift to Section 8 means evidence is everything. Under Section 21, you didn't need a reason. Under Section 8, you need proof.
Build your evidence trail now
Start documenting everything, even if you have no current possession plans:
- Rent payments: Maintain a clear ledger for each property. Note exact dates payments are received, any shortfalls, and any communication about late payment.
- Property condition: Conduct inspections at least every 6 months. Photograph every room. Date-stamp everything.
- Correspondence: Keep copies of all letters, emails, and messages to and from tenants. Use email or a written format — verbal agreements are hard to prove in court.
- Complaints and incidents: Log any complaints (from tenants, neighbours, or the council) with dates, details, and actions taken.
- Maintenance requests and responses: Record the date a repair was reported, what you did about it, when it was completed, and the cost. Courts look unfavourably on landlords who neglect maintenance and then seek possession.
This documentation costs nothing but protects you in every possession scenario.
The court process changes
The government has committed to improving court processes for possession claims, including:
- A new digital portal for possession claims (timeline TBC)
- Prioritised hearings for antisocial behaviour cases
- Reforms to reduce delays in the First-tier Tribunal for rent disputes
In practice, expect the court process to be slower initially. Section 21 accelerated possession claims (where the tenant doesn't defend) typically took 6-10 weeks. Section 8 claims, which require a hearing, currently take 4-6 months in many courts. The government aims to reduce this, but capacity constraints are real.
Budget for longer void periods between tenancies if you need to regain possession. A Section 8 claim could take several months from notice to bailiff enforcement.
Tenants can leave with 2 months' notice
One change that balances the removal of Section 21: tenants can end any periodic tenancy with 2 months' notice at any time. No break clause needed, no penalties. After 1 May 2026 no new fixed-term ASTs can be created — every existing AST automatically converts to a statutory periodic tenancy that replaces fixed-term ASTs.
This means:
- You may see higher turnover if tenants feel less "locked in"
- Good property management and responsive maintenance become competitive advantages for tenant retention
- Your void period risk shifts from planned (you choose when to end) to unplanned (tenant chooses when to leave)
What to do this week
- Audit your portfolio: List every property, its tenancy type, and whether you have an active Section 21 notice
- Decide on pending Section 21 notices: File court claims now or switch to Section 8 planning
- Start an evidence file for every property: Even a simple folder per property with rent records, inspection photos, and correspondence
- Review your management agreements (if you're an agent): Clarify with landlord clients that Section 21 is ending and discuss their possession strategy
- Check your compliance across all 12 areas with the free RRA Readiness Checker — possession claims can fail if you haven't met basic compliance requirements like deposit protection and gas safety
For a full walkthrough of every Phase 1 requirement, see the landlord compliance checklist. For all Phase 1, 2, and 3 dates, see the key dates timeline.
This guide applies to privately rented properties in England only. Scotland and Wales have separate legislation. This is not legal advice — for specific possession proceedings, consult a solicitor specialising in landlord and tenant law.
Information is current as of the date shown above.