End of Section 21: Complete Landlord Guide 2026

Section 21 is gone. The Renters’ Rights Act 2025 abolished no-fault evictions in England from May 2026, and the change applies to every tenancy — new and existing — simultaneously. If you own rental property, this is the most significant change to landlord law in a generation.

Here is what it means in practice: the grounds available to you, the evidence you need, the court process, and the new financial risks of getting it wrong.

What Was Section 21?

Section 21 of the Housing Act 1988 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.

The accelerated possession procedure under Section 21 meant many cases were decided on paper, without a full court hearing. It was fast and relatively predictable. It was also misused — tenants being evicted for complaining about repairs, asking for a pet, or being the “wrong” kind of tenant. The Renters’ Rights Act removes it entirely.

What Changed in May 2026

Section 21 no longer exists in England. You cannot serve one. If you try, it is legally invalid and courts will not grant possession on the basis of it.

This applies to all tenancies — not just those started after the enforcement date. Existing assured shorthold tenancies automatically transitioned to the new framework simultaneously. Unlike earlier proposals under the Renters Reform Bill, there was no separate transition period for existing vs new tenancies. See the Renters’ Rights Act timeline for the full legislative history from the 2022 White Paper to the May 2026 commencement.

You have not lost the right to recover possession. You now need a legal reason — just as landlords across most of Europe already do. All possession claims go through the Section 8 route under the Housing Act 1988, as amended by the Renters’ Rights Act 2025.

All Tenancies Are Now Periodic

Section 21 abolition came alongside a second major change: the abolition of fixed-term assured shorthold tenancies.

From May 2026:

• New tenancies cannot be offered on fixed terms — all must be periodic from the outset
• Existing fixed-term tenancies automatically converted to periodic tenancies on the enforcement date
• All tenancies now roll on indefinitely — typically month to month — until one party gives valid notice

For tenants, ending a tenancy means giving 2 months’ written notice. For landlords, it means serving a valid Section 8 notice on one of the prescribed grounds.

There is no fixed-term break clause anymore. A landlord cannot end a tenancy simply because a fixed term has expired. You need a ground. If none applies, the tenancy continues. See the periodic tenancy guide for how notice periods, rent increases, and day-to-day management work under the new model.

The New Section 8 Grounds

The Renters’ Rights Act did not only remove Section 21 — it strengthened Section 8 to give landlords workable possession routes. Understanding which ground to use, and how, is now a fundamental landlord skill.

Mandatory Grounds — Court Must Grant Possession

If you prove a mandatory ground, the court has no discretion. Possession is granted.

Ground	Reason	Minimum Notice
Ground 1	Landlord or mortgage lender wants to sell	4 months
Ground 1A	Landlord or close family member wants to move in	4 months
Ground 6	Major refurbishment requiring vacant possession	4 months
Ground 8	Rent arrears of 3+ months at notice and hearing dates	4 weeks
Ground 8A	Persistent arrears — 2+ months owed on 3+ occasions in the past 3 years	4 weeks

Restriction on Grounds 1 and 1A: You cannot use either ground within the first 12 months of a tenancy. This prevents landlords using selling or moving in as a rapid, back-door possession route. The genuine intent requirement matters too: if you use Ground 1 to evict a tenant and then re-let within 3 months, you face a Rent Repayment Order claim.

Ground 8 pitfall: The arrears threshold must be met both when you serve the notice and at the date of the court hearing. If the tenant pays down the arrears below three months before the hearing, you lose Ground 8’s mandatory status — though the case may continue under discretionary Ground 10 (any arrears) or Ground 11 (persistent late payment). Always cite Grounds 8, 10, and 11 together in the same notice to protect your position.

Discretionary Grounds — Court Weighs the Circumstances

For discretionary grounds, the court decides whether it is reasonable to grant possession based on the evidence before it.

Ground	Reason	Minimum Notice
Ground 10	Some rent arrears (below 3-month threshold)	2 weeks
Ground 11	Persistent late payment — even if not currently in arrears	2 weeks
Ground 12	Breach of tenancy terms (damage, subletting, pets)	2 weeks
Ground 13	Property deterioration due to tenant neglect	2 weeks
Ground 14	Antisocial behaviour or nuisance	Immediate (can issue same day)
Ground 17	Tenant obtained tenancy by false statement	2 weeks

For discretionary grounds, evidence quality is everything. The more thoroughly you have documented the issue and your attempts to resolve it, the stronger your position at the hearing.

Building Your Evidence Base

Without Section 21 as a safety valve, your ability to recover possession depends entirely on documentation. This is not bureaucratic box-ticking — it is your legal protection.

Rent payment records: Use a spreadsheet, property management software, or your bank statement to log every payment — amount, date received, and any shortfall. Print an export before serving any notice. Courts need a clear payment history to assess arrears grounds.

Repair requests and responses: Log every maintenance request in writing — email or text is fine. Record the date received, what action you took, and when the work was completed. A tenant who raises a Section 8 defence of “I stopped paying rent because repairs weren’t done” needs evidence. So do you.

Antisocial behaviour: Gather written complaints from neighbours. Log incident dates, descriptions, and any police reference numbers. Send the tenant a formal written warning at the first sign of serious ASB — this creates a dated record and may resolve the problem without court.

Tenancy breaches: For damage or neglect, commission an independent inventory report at check-in and check-out. Date-stamped photographs and a professionally compiled schedule of condition are strong evidence. For subletting without permission, written evidence from the tenant — texts, emails, a letter — is needed.

All correspondence: Save every email, text message, and letter between you and the tenant. WhatsApp messages are admissible. Courts and Ombudsman adjudicators weigh how you communicated, not just what you did.

The Possession Process Without Section 21

The accelerated possession procedure — where Section 21 cases were decided on paper without a full hearing — no longer exists. All contested possession cases require a court hearing.

The Section 8 possession process runs as follows:

1. Identify the correct ground(s) and the applicable notice period. Get this right — a defective notice means starting over.

2. Complete Form 3 (the prescribed Section 8 notice form, available at gov.uk). State the exact ground numbers, the tenancy address, the rent arrears amount (if applicable), and the date by which the tenant must vacate.

3. Serve the notice by hand (with a witness), first-class post, or as specified in the tenancy agreement. Record the service date and keep proof.

4. Wait for the notice period to expire — 4 weeks for arrears grounds, 4 months for selling or moving-in grounds.

5. Issue a possession claim at the county court using Form N5B, or online through the MCOL service. Court fee: £355 for a standard claim.

6. Attend the hearing — typically listed 4–8 weeks after issuing. Bring your evidence bundle: the tenancy agreement, the notice, proof of service, rent records, and any correspondence.

7. Enforce the order — if the court grants possession and the tenant does not leave by the date specified, apply for a warrant of possession (Form N325, £130 fee). County court bailiffs will enforce, typically 4–8 weeks later.

Read the Section 8 notice guide for how to complete Form 3 correctly and the full eviction process guide for costs and realistic timelines.

Rent Repayment Orders: The New Financial Risk

The Renters’ Rights Act significantly strengthened Rent Repayment Orders (RROs). An RRO allows a tenant — or a local authority — to apply to the First-tier Tribunal to recover up to 12 months’ rent from a landlord who has committed a qualifying offence.

Qualifying offences now include:

• Misusing Grounds 1 or 1A — evicting a tenant on the pretence of selling or moving in, then re-letting
• Failing to join the mandatory Ombudsman scheme from May 2026
• Failing to register on the Private Rented Sector Database when required
• Unlawful eviction or harassment under the Protection from Eviction Act 1977

RROs can be pursued even after the tenant has left. A former tenant has 12 months to apply. The maximum exposure — up to 12 months’ rent — makes dishonest use of possession grounds a serious financial risk, not just a moral one.

If you use Ground 1 to evict a tenant and re-let the property within 3 months without having genuinely sold or moved in, expect a challenge.

What You Cannot Do Anymore

To be explicit:

• You cannot end a tenancy because a fixed term has expired
• You cannot evict a tenant for complaining about repairs or requesting a pet
• You cannot serve a Section 21 notice — it no longer exists
• You cannot use it as leverage to persuade a tenant to leave voluntarily
• You cannot offer new fixed-term tenancies
• You cannot use Grounds 1 or 1A within the first 12 months of a tenancy
• You cannot misuse possession grounds without facing potential RRO liability

Immediate Actions for Self-Managing Landlords

Update your tenancy agreement. Remove references to fixed terms and Section 21. Use a 2025/2026 template that reflects the current law. The free tenancy agreement template on this site is current.

Learn the Section 8 grounds now. Before you need them. Know which grounds would apply to your specific situation, what evidence each requires, and what the notice periods are. The Section 8 notice guide covers every ground in detail.

Start a proper rent ledger. A simple spreadsheet with every payment date and amount is enough. If you ever need Ground 8, this ledger is your case.

Acknowledge every repair request in writing. Even a quick text reply creates a dated record. The Ombudsman — now mandatory for all self-managing landlords — will assess your complaint handling alongside any formal claim. See the landlord ombudsman guide.

Review your deposit protection. Every tenancy deposit must be held in an approved scheme — Deposit Protection Service, Mydeposits, or Tenancy Deposit Scheme — and the prescribed information served correctly. An unprotected deposit exposes you to a penalty of 1–3 times the deposit amount and may block valid Section 8 notices. Check the deposit protection guide.

Review your rent against market. You can increase rent once per year using the Section 13 process. A fair rent reduces turnover and keeps the good tenants you want in place. The rent increase guide covers the process.

The Bigger Picture

Section 21 abolition is the professionalisation of the private rented sector. The landlords most affected are those who ran informal operations and used Section 21 to cycle out tenants, raise rents under pressure, or avoid dealing with difficult situations properly.

If your operation is run correctly — you maintain the property, keep records, communicate clearly, and price fairly — very little changes in practice. Problem tenants still leave evidence. Good tenants want to stay. Section 8 gives you the legal possession routes you need.

The landlords who will find this difficult are the ones with no repair records, no rent ledger, nothing in writing. That is a management problem that Section 21 abolition is forcing into the open. The solution is not complicated — it is consistent documentation and professional conduct.

The full picture of what the Renters’ Rights Act changes — including the property portal, the Ombudsman, and pet rules — is covered in the complete Renters’ Rights Act guide.

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Related guides:

• Renters’ Rights Act: full guide for landlords
• Renters’ Rights Act: 30 FAQs for landlords
• Section 8 notice: how to serve it correctly
• How to evict a tenant in the UK — updated 2026
• Landlord Ombudsman: mandatory membership explained