Section 21 Abolished — What Landlords in England Need to Do

What is Section 21 and Why is it Being Abolished?

Section 21 of the Housing Act 1988 has been the primary eviction tool for landlords in England. It allowed landlords to regain possession of an Assured Shorthold Tenancy (AST) without providing a reason — the "no-fault eviction." After serving notice and the prescribed period, a landlord could apply to court and, almost automatically, obtain a possession order.

The Renters' Rights Act 2025 (which received Royal Assent on 27 October 2025) abolishes Section 21 from 1 May 2026. The government's policy rationale: no-fault evictions have contributed to housing insecurity for renters. Under the new framework, landlords can only evict for cause, using specified grounds in Section 8 of the Housing Act 1988.

This is a fundamental shift. It means landlords must now have a legitimate reason to evict — whether rent arrears, anti-social behaviour, breach of tenancy terms, or other defined grounds — rather than simply deciding not to renew at the end of a fixed term.

Key Transition Dates

What Replaces Section 21? Overview of Section 8 Grounds

Section 8 of the Housing Act 1988 provides the only legal route to possession from 1 May 2026. The Renters' Rights Act 2025 expands Section 8 from 17 grounds to 37 grounds for possession, covering a much broader range of circumstances.

These 37 grounds fall into two categories:

Key New Section 8 Grounds You Must Know About

Ground 1A (Sale of property) — NEW

If you are selling the property and the buyer intends to occupy it as their principal residence, you can now evict under Ground 1A. Requires a 4-month notice period. This is a mandatory ground. However, it cannot be used in the first 12 months of a new tenancy (protected period).

Ground 5A (Tied accommodation) — NEW

If the property was let as part of employment (e.g. property manager, caretaker, estate worker, farm worker), and the employment has ended, you can evict under Ground 5A. Requires a 4-month notice period. Mandatory ground. Blocked in first 12 months of new tenancy.

Ground 7A (Severe anti-social behaviour) — NEW

For severe anti-social behaviour affecting the landlord, neighbouring tenants, or the local community. This is a mandatory ground requiring no notice period — you can seek immediate possession. Applies to serious cases such as violence, serious criminal activity, or severe ongoing disruption.

Ground 8A (Persistent rent arrears) — NEW

A mandatory ground for tenants who persistently pay rent late, even if not currently 3+ months in arrears. Requires a 4-week notice period. This targets chronic late payment without reaching the serious arrears threshold.

Ground 8 (Serious rent arrears — 3+ months)

Tenant is in arrears of at least three months' rent. Mandatory ground. 4-week notice period. This remains the most commonly used ground for landlords dealing with payment defaults.

Ground 14 (Nuisance and anti-social behaviour)

Tenant has caused nuisance or annoyance to neighbours, engaged in anti-social behaviour, or committed criminal offences. Discretionary ground. 2-week notice period. You must have detailed evidence (police reports, witness statements, incident logs).

For a comprehensive reference table of all 37 grounds, including notice periods and conditions, see our Section 8 Grounds 2026 guide.

The 12-Month Protected Period

A major protection for tenants in the Renters' Rights Act 2025 is the 12-month "protected period" for new tenancies. For the first 12 months of a tenancy created from 1 May 2026 onwards, landlords can only evict using certain "protected grounds":

Important limitation: The 12-month protection applies only to new tenancies created from 1 May 2026. If a tenant has an existing AST before 1 May that converts to periodic from 1 May, the protected period does NOT apply. The "12-month clock" starts only for tenancies created after the transition date.

What Happens to Section 21 Notices Already Served?

If you have already served a valid Section 21 notice before 1 May 2026, you may continue with possession proceedings, but you must start court proceedings by 31 July 2026. If you miss this deadline, your claim is time-barred and you will lose the right to evict under that notice.

Critical rule: Any Section 21 notice served on or after 1 May 2026 is void and will not be enforceable in any court. You cannot use it, and you cannot serve a fresh Section 21 after that date.

Transitional Arrangement for Existing Tenancies

When an existing fixed-term AST expires at or after 1 May 2026 (and you have not served a valid Section 21), the tenancy automatically converts to a periodic tenancy on the same terms. You then have full use of Section 8 grounds for that periodic tenancy, except that the 12-month protected period does not apply (because the tenancy predates 1 May 2026).

Transitional Planning: What Landlords Should Do Now

Before 1 May 2026

• Audit your portfolio: Identify all Section 21 notices you have already served. You must start court proceedings on these by 31 July 2026 or lose the right to evict.
• Decide on remaining Section 21s: If you have tenancies you want to exit before 1 May, serve Section 21 notices now. After 30 April, this option is gone.
• Review each tenancy: For tenancies that will convert to periodic from 1 May, assess whether you have grounds to evict. Do you have arrears issues, breach issues, or nuisance concerns? Document these now.
• Prepare for Section 8: Download Form 3A (the prescribed notice form for Section 8) from GOV.UK. Understand the notice periods for different grounds. Familiarize yourself with evidence requirements (bank statements for arrears, incident logs for ASB, emails/messages for breach).
• Update your processes: Create templates for Form 3A for your most likely grounds. Set up a system to log incidents (missed payments, noise complaints, maintenance issues) in dated records. This evidence will be essential if you later serve a Section 8 notice.

From 1 May 2026 Onwards

• Use Section 8 exclusively: All possession claims must be on one of the 37 Section 8 grounds.
• Choose the correct ground: Using the wrong ground will result in dismissal. Plan carefully which ground applies.
• Serve proper notice: Each ground has a prescribed notice period. Serving insufficient notice invalidates the notice.
• Gather evidence: For discretionary grounds and even mandatory grounds, the court will scrutinize your evidence. Organize and preserve all supporting documentation.
• Respect the protected period: For new tenancies, do not attempt to evict on non-protected grounds in the first 12 months.

Impact on Portfolio Landlords and HMOs

Portfolio landlords managing multiple properties: The abolition of Section 21 significantly restricts your options for managing portfolio churn. You can no longer rely on a "no-fault" refresh cycle at the end of each tenancy term. Plan carefully for tenancies that you currently manage with periodic Section 21s. Consider whether you have defensible grounds for any exits you are planning.

Houses in Multiple Occupation (HMOs): HMO management under Section 8 may be more complex because you may have multiple room tenants or sharers. Evidence of ASB, breach, or arrears must be clearly documented per-tenant. The protected period applies to HMO tenancies just as it does to other ASTs.

Common Mistakes to Avoid

1. Serving Section 21 after 30 April 2026

This is void and unenforceable. If you miss the 30 April deadline, you cannot use Section 21 for that tenancy. You will need to rely on Section 8 grounds instead.

2. Using the Wrong Section 8 Ground

Not all grounds apply to all situations. Ground 1 (landlord occupation) cannot be used in the first 12 months of a new tenancy. Ground 8A (persistent arrears) requires a pattern, not a single missed payment. Using the wrong ground will result in dismissal.

3. Serving Insufficient Notice

Each ground has a specific notice period. Ground 8 (serious arrears) requires 4 weeks. Ground 1 (landlord occupation) requires 4 months. Serving less than the required notice makes the notice invalid and unenforceable.

4. Attempting Eviction During the Protected Period on a Non-Protected Ground

For new tenancies created from 1 May 2026, you are restricted to protected grounds in months 1-12. Trying to evict on Ground 12 (breach) or Ground 14 (nuisance) during this period will fail.

5. Not Maintaining Evidence

For grounds like arrears, ASB, breach, or waste, you must have detailed, dated, contemporaneous evidence. Without this, the court will dismiss your claim. Log incidents as they happen. Keep emails, messages, photographs, bank statements, and other documentation organized and accessible.

How to Prepare Now: Practical Steps

• Download Form 3A: Visit GOV.UK and obtain the prescribed Form 3A (Section 8 notice). Review its layout and fields so you understand what information is required.
• Create template notices: For your three most likely scenarios (arrears, breach, ASB), draft template Form 3A notices with your property details and standard wording. Leave the tenant-specific details and dates blank for later completion.
• Establish an incident log: Set up a simple spreadsheet or document to record incidents: date, description, witnesses (if applicable), and any supporting evidence (photos, emails, etc.). Use this for all future tenancies.
• Organize financial records: For existing tenants, compile payment history (bank statements, standing order records) so you have immediate access if arrears develop.
• Read the Section 8 grounds reference: Spend time understanding the full 37 grounds. The SunClause Section 8 grounds guide provides a comprehensive table with notice periods, conditions, and evidence checklists for each ground.
• Consider seeking advice: If you have complex portfolio situations, speak with a letting agent or solicitor familiar with the Renters' Rights Act 2025 Phase 1 rules.

Not Legal Advice

This guide is for information and guidance only and does not constitute legal advice. Landlord obligations vary by individual circumstance, tenancy type, and specific facts. Before serving formal notices or commencing court proceedings, especially in complex situations, consult a solicitor or qualified letting agent for advice tailored to your circumstances.