End of Section 21: What It Means for Landlords in 2026
Section 21 is gone. The Renters’ Rights Act 2025 abolishes no-fault evictions in England, and the enforcement date is May 2026. If you own rental property, this is the single most important change you need to understand.
Here is what it means in plain terms, and exactly what you need to do about it.
What Was Section 21?
Section 21 was the “no-fault” eviction notice. It let you end an assured shorthold tenancy by giving two months’ written notice — without giving any reason. The tenant had to leave. If they didn’t, you applied for a court possession order and the court would grant it automatically, provided your paperwork was valid.
It was widely used. It was also widely abused — tenants being evicted simply for complaining about repairs, asking for a pet, or being the “wrong” kind of tenant. The Renters’ Rights Act removes it entirely.
What Has Changed
From May 2026, Section 21 no longer exists. You cannot serve one. If you try, it is legally invalid.
This does not mean you have lost the right to recover your property. It means you now need a legal reason to do so — just like every other professional landlord in most of Europe already does.
All possession claims go through the Section 8 route. The court must be satisfied that a valid ground exists before granting a possession order.
The New Section 8 Grounds
The Renters’ Rights Act doesn’t just remove Section 21 — it also strengthens Section 8 to make sure landlords have workable routes to possession.
Mandatory Grounds (court must grant possession)
| Ground | Reason | Notice Period |
|---|---|---|
| Ground 1 | You want to sell the property | 4 months |
| Ground 1A | You or a close family member wants to move in | 4 months |
| Ground 6 | Major refurbishment requiring vacant possession | 4 months |
| Ground 8 | Rent arrears of 3 or more months | 4 weeks |
| Ground 8A | Repeated rent arrears (3+ times in 3 years) | 4 weeks |
Mandatory grounds mean the court has no discretion — if you meet the ground and follow the process, you get possession.
Key Restrictions on Grounds 1 and 1A
You cannot use Ground 1 (selling) or Ground 1A (moving in) within the first 12 months of a tenancy. This prevents landlords from using these grounds as a back-door Section 21.
If you do use these grounds, you must genuinely intend to sell or move in. Using them dishonestly can result in a Rent Repayment Order and a record on the new landlord database.
Discretionary Grounds (court decides)
Courts retain discretion for anti-social behaviour (Ground 14), breach of tenancy terms (Ground 12), and some rent arrears situations (Grounds 10 and 11). The court weighs the circumstances before deciding.
Read the full Section 8 notice guide to understand when each ground applies and how to serve the notice correctly.
What You Cannot Do Anymore
To be direct about it:
- You cannot end a tenancy simply because a fixed term has expired
- You cannot evict a tenant for complaining about repairs
- You cannot evict a tenant for asking for a pet
- You cannot use Section 21 as leverage to make a tenant leave quietly
- You cannot offer new fixed-term tenancies — all tenancies are now periodic
What Good Landlords Do Differently Now
The landlords who will be affected most are the ones who relied on Section 21 as a safety valve — to deal with problem tenants without having to prove anything, or to cycle tenants out quickly to raise rents.
If your operation is run properly, Section 21 abolition changes very little. Here is why:
Problem tenants leave a paper trail. Rent arrears, noise complaints, damage — these are Section 8 grounds. If you have been keeping records and communicating in writing, you have grounds to act.
Good tenants want to stay. Under periodic tenancies, a tenant who is happy, well-managed, and paying a fair rent has no reason to leave. Retention beats turnover every time.
Court backlogs are real, but manageable. Possession claims take longer than a Section 21 accelerated procedure did. Budget for this when pricing voids into your cash flow. Two to four months of legal process is possible in contested cases.
Immediate Actions for Self-Managing Landlords
1. Update your tenancy agreement. Strip out any reference to fixed terms or Section 21. If you use a template, get the 2025/2026 version. The free tenancy agreement template on this site reflects the current law.
2. Learn the Section 8 grounds. Know which grounds apply to your property and which would apply if you needed to recover possession. You do not want to be learning this under pressure.
3. Start keeping better records. Rent payment history, maintenance requests and your responses, any complaints — keep everything in writing. This is your evidence base if you ever need Section 8.
4. Review your rents. If your rent is significantly below market, consider a Section 13 rent increase now. Under the new rules, you can increase once per year. A fair rent keeps good tenants in place.
5. Do not panic. The abolition of Section 21 does not mean tenants can never be removed. It means the system now requires a reason — which is how it should work in a professional industry.
The Bigger Picture
Section 21 abolition is not the end of buy-to-let. It is the professionalisation of it. The landlords who treat this as a business, keep proper records, maintain their properties, and deal with tenants fairly will continue to do well.
The ones who ran informal operations and relied on Section 21 to paper over the cracks will find it harder. That is the point.
If you are self-managing, you are already taking this more seriously than most. Keep doing that.
Related guides:
Frequently Asked Questions
Has Section 21 been abolished?
Yes. Section 21 no-fault evictions are abolished in England under the Renters' Rights Act 2025. The enforcement date is May 2026 for new tenancies, with existing tenancies transitioning shortly after.
What replaces Section 21 evictions?
Section 8 notices. The Renters' Rights Act strengthens and expands the Section 8 grounds, giving landlords clear, legally enforceable routes to possession — including for selling, moving in, or serious rent arrears.
Can I still evict a tenant after Section 21 is abolished?
Yes. You can still recover possession of your property — you just need a valid legal ground. Grounds include rent arrears of 3+ months, anti-social behaviour, wanting to sell, or wanting to move in yourself or for a family member.
Can I serve a Section 21 notice now before it's abolished?
You can serve one now if you meet all the validity requirements. But if your notice period extends beyond the enforcement date, the court may not grant possession. Get legal advice if you're planning to rely on Section 21.
How much notice do I need to give instead of Section 21?
Under the new Section 8 grounds, you must give 4 months' notice if you want to sell (Ground 1) or move in (Ground 1A). For rent arrears of 3+ months (Ground 8), you must give 4 weeks' notice.