Section 21 Notice 2026: Abolished — Use Section 8 Instead

Section 21 — the “no-fault eviction” notice — is gone. The Renters’ Rights Act 2025 abolished it for all tenancies in England, ending over three decades of landlords being able to end a tenancy without giving a reason. If you are searching for Section 21 now, you are likely trying to understand what changed, whether an existing notice is still valid, or how to regain possession under the new rules.

This guide explains exactly how Section 21 worked, why it was abolished, what transition provisions applied, and — most importantly — what you need to do in 2026 to lawfully regain possession of your property.

What Was Section 21? The No-Fault Eviction Explained

Under Housing Act 1988, section 21, landlords with assured shorthold tenancies (ASTs) could end the tenancy without proving any fault on the tenant’s part. You served a notice, the tenant had two months to leave, and if they didn’t, you applied to court for a mandatory possession order. Judges had no discretion to refuse once the procedure was correct.

This made Section 21 the most used eviction route in England for decades. It allowed landlords to regain possession to sell, refurbish, move in, or simply end a tenancy that had run its course. Critics argued it caused widespread tenant insecurity — renters faced eviction for complaining about disrepair, asking for repairs, or simply because the landlord wanted to re-let at a higher rent. After years of parliamentary debate and two failed bills, abolition finally came through the Renters’ Rights Act 2025.

Scotland abolished equivalent no-fault evictions earlier, under the Private Housing (Tenancies) (Scotland) Act 2016.

Section 21 Validity Requirements: The Full Checklist

Before abolition, Section 21 notices were frequently invalidated because landlords missed mandatory pre-conditions. Understanding these requirements remains relevant for landlords with notices served before the commencement date, or who are dealing with claims still working through the courts.

Prescribed documents — all must be served before or at the start of the tenancy:

• Energy Performance Certificate (EPC) — a valid EPC (minimum E rating, or a registered exemption) must be given to the tenant before they move in. Our EPC landlord requirements guide has the full compliance checklist.
• Gas safety certificate (CP12) — a current certificate from a Gas Safe registered engineer, served at the start of the tenancy and at each annual renewal. The check must be less than 12 months old.
• How to Rent guide — the current version published by the government at the time of move-in. If the government updated the guide during the tenancy, the new version needed to be served on the tenant before any Section 21 notice could be issued.
• Prescribed Information for the deposit — if you took a deposit, you had 30 days to protect it in an approved scheme and serve the Prescribed Information on the tenant (and any relevant person named on the deposit).

Deposit protection:

The deposit must be held in one of the three government-approved schemes: Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS). A Section 21 notice was invalid if:

• The deposit was unprotected or protected late (and the tenant had made a successful deposit claim or the protection window hadn’t been restored)
• Prescribed Information was not served correctly or was served late without subsequent remedy

Read our tenancy deposit protection guide for the full compliance rules.

Property licensing:

If the property was subject to selective or additional licensing and the landlord did not hold a valid licence, Section 21 was unavailable. This applied in areas where local councils operated licensing schemes under Housing Act 2004.

Retaliatory eviction protection:

Under the Deregulation Act 2015, if a tenant complained to the local council about disrepair and the council issued a relevant notice (such as an improvement notice), Section 21 was blocked for six months. This was designed to stop landlords evicting tenants for reporting problems.

Prohibited fees:

Landlords who charged prohibited fees under the Tenant Fees Act 2019 could not serve a valid Section 21 notice until the fee was repaid.

Form 6A — the prescribed form:

Periodic tenancy Section 21 notices had to use Form 6A, the government’s prescribed form available from gov.uk. Using an outdated version or a non-prescribed form invalidated the notice. Notice had to specify the correct expiry date and be served correctly.

Section 21 Notice Periods

The minimum notice period was two months for most periodic ASTs. Extended notice periods applied during the Covid-19 pandemic but returned to two months after October 2021. Key rules on service:

• First-class post: Deemed served the next business day — always use recorded post for a paper trail
• Hand delivery: Deliver in person with a witness; photograph the envelope on the doorstep with a timestamp
• Email: Only valid as a service method if the tenancy agreement explicitly permitted it
• Notice expiry: For monthly periodic tenancies, the notice had to expire on the last day of a rental period

Failure to get service right meant the court would dismiss the possession claim even if everything else was correct.

Section 21 Abolition: What the Renters’ Rights Act 2025 Did

The Renters’ Rights Act 2025 received Royal Assent and brought the abolition of Section 21 into force for all tenancies in England. The key changes:

• No new Section 21 notices could be served from the commencement date
• All existing assured shorthold tenancies automatically converted to periodic tenancies with no fixed end date — there is no longer such a thing as a fixed-term AST
• Tenants gained a statutory right to remain in their property unless the landlord proves one of the new Section 8 grounds for possession
• All tenancies are now regulated under a single framework — “assured shorthold tenancy” as a distinct legal category ceased to exist

This is the most significant change to landlord-tenant law in England since the Housing Act 1988 created the AST framework.

Transition Provisions: What Happened to Notices Already Served

If a Section 21 notice was served before the abolition commencement date, transition provisions determined what happened:

• Notices served before commencement remained valid for a limited window, during which landlords could issue possession proceedings at court
• If a court claim had already been issued before commencement, it could generally proceed to a hearing
• Where a possession order had been granted but not yet enforced, enforcement could continue under the transitional provisions

If you served a Section 21 notice before abolition and have not yet obtained a possession order, the window for using that notice may have closed. Get legal advice from a solicitor or a specialist landlord association before taking any action.

What Replaces Section 21: Section 8 Grounds in 2026

Landlords who need to regain possession must now use Section 8 of the Housing Act 1988 and prove one of the statutory grounds. The Renters’ Rights Act 2025 expanded the grounds available. The key grounds in 2026:

Mandatory grounds — court must grant possession if proved:

• Ground 8 — Rent arrears of at least three months (at both the date of the notice and the date of the hearing). Ground 8A (repeated arrears) also applies if the tenant has been in three months’ arrears three times in the previous three years.
• Ground 1 — Landlord intends to sell the property. Requires four months’ notice. A restriction applies after possession: you cannot re-let for a set period.
• Ground 1A — Landlord or a close family member intends to move into the property as their only or principal home. Also requires four months’ notice, with similar re-letting restrictions.
• Ground 6 — Landlord intends to carry out substantial works that cannot reasonably be done with the tenant in occupation.

Discretionary grounds — court weighs up the circumstances:

• Ground 10 — Some rent arrears below the mandatory threshold
• Ground 11 — Tenant has persistently paid rent late
• Ground 12 — Tenant has breached another obligation of the tenancy
• Ground 13 — Condition of the property has deteriorated due to tenant neglect
• Ground 14 — Nuisance, antisocial behaviour, or illegal activity at or near the property

For notice periods, Form 3 completion, and step-by-step guidance on every ground, read our Section 8 notice guide.

How to Regain Possession as a Landlord in 2026

The eviction process under the new regime follows these steps:

1. Identify your ground: Choose the Section 8 ground (or grounds) that apply to your situation. Collect evidence — rent account showing arrears, communications with the tenant, photos of damage, incident logs.
2. Serve a Section 8 notice (Form 3): Download the current Form 3 from gov.uk, fill in the relevant grounds, and give the correct notice period. Notice periods range from two weeks (for some breach grounds) to four months (for sell/move-in grounds).
3. Wait out the notice period: Do not begin court proceedings until the notice expires. Issuing proceedings early will result in the claim being rejected.
4. Apply for a possession order: If the tenant does not vacate, issue a claim at the county court. There is no longer an accelerated possession route — all claims require a hearing.
5. Attend the hearing: Bring all evidence. For mandatory grounds, focus on proving the ground is met. For discretionary grounds, be ready to demonstrate why it is reasonable to grant possession.
6. Enforce the order: If the court grants possession, the order specifies a date by which the tenant must vacate. If they stay beyond that date, apply for a warrant of possession (Form N325, £130 court fee). County court bailiffs enforce the eviction.

Full step-by-step detail, including court fees and timelines, is in our how to evict a tenant in the UK guide.

What Landlords Should Do Now

Section 21 is gone and it is not coming back. Here is what self-managing landlords need to do to operate effectively under the new regime:

Know your Section 8 grounds cold: Read the full list of grounds and understand which apply to your tenancy. The sell and move-in grounds give you a legitimate exit route — but they come with re-letting restrictions and require four months’ notice, so plan ahead.

Keep a rent ledger from day one: Ground 8 requires proof of persistent arrears. A clear record of when rent was due and when it was paid is essential. If a tenant stops paying rent, document everything from the first missed payment.

Maintain compliance paperwork: Gas safety certificates, EPCs, and EICRs remain mandatory. They are also prerequisites for valid Section 8 notices on certain grounds. Use calendar reminders and keep copies of every certificate. Our first-time landlord checklist covers everything you need before and during a tenancy.

Screen tenants carefully: Without Section 21, the route to possession is longer and requires court proceedings. Strong tenant screening upfront — references, credit checks, affordability assessment — reduces the risk of ever needing to evict.

Understand the new tenancy rules: All tenancies are now periodic. There are no more fixed-term ASTs. This changes how you manage the start and end of tenancies. Read our Renters’ Rights Act guide for a full breakdown of the legislative changes.

Get advice before serving notices: A defective Section 8 notice restarts the clock entirely and adds months to the process. If you are unsure which ground applies or how to serve the notice correctly, consult a solicitor or contact a landlord association before acting.

The end of Section 21 raises the stakes for getting every stage of the tenancy right — from referencing to deposit protection to ongoing compliance. Self-managing landlords who keep meticulous records and understand the law are well-placed to navigate the new landscape.