Section 21 Is Abolished: What Replaced It

Section 21 was abolished in England on 1 May 2026 under the Renters’ Rights Act 2025. Landlords can no longer end a tenancy without giving a reason. To recover possession you must now serve a Section 8 notice (Form 3A) relying on one or more statutory grounds, give the correct notice period and, if the tenant stays, prove the ground in court.

Last updated: 2 November 2026. Applies to England unless stated.

This guide covers England only. Wales operates under the Renting Homes (Wales) Act and Scotland under private residential tenancies, both with their own rules. If your property is in either, the possession routes below do not apply.

What changed on 1 May 2026

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. Its first phase came into force on 1 May 2026 and rewrote how private tenancies in England start, run and end.

The headline change is the end of the assured shorthold tenancy. The Act removed the assured shorthold regime from the Housing Act 1988, and with it the Section 21 “no fault” procedure. Every existing assured shorthold tenancy became an assured periodic tenancy on 1 May 2026, and any fixed end date stopped applying.

For landlords, the practical effect is simple to state and harder to manage:

• No new Section 21 notices can be served.
• Possession is only available on the grounds listed in Schedule 2 to the Housing Act 1988, as amended.
• Most grounds now carry longer notice periods than before.
• Fixed terms no longer exist, so there is no “end of the tenancy” to wait for.
• Tenants can leave by giving two months’ notice.

What happened to Section 21 notices served before 1 May 2026

Transitional rules gave landlords a short window. A Section 21 notice served before 1 May 2026 could only be used if court proceedings were issued within six months of service or by 31 July 2026, whichever came first.

That window has closed. Government guidance confirms that after 31 July 2026 a Section 21 notice generally cannot be used to start eviction proceedings, even if it was served less than six months earlier. If you missed the deadline, the notice is invalid, the tenancy is an assured periodic tenancy and you must serve a new Section 8 notice.

If you have an old Section 21 notice on file, treat it as dead paper. Do not rely on it, and do not tell the tenant it still has effect.

What replaced Section 21

Nothing replaced Section 21 directly. There is no new no-fault route. Instead, the Act expanded and reshaped the Section 8 grounds so that the common reasons landlords used Section 21 for – selling, moving in, persistent arrears, antisocial behaviour – each have a specific ground with its own evidence and notice requirements. Our Section 21 replacement toolkit shows how to work through them.

The key difference is proof. Under Section 21 you did not need to explain why. Under Section 8 you must state the ground, give the right notice and, if the tenant does not leave, satisfy the court that the ground is made out.

Mandatory and discretionary grounds

Mandatory grounds mean that if you prove the ground, the court must make a possession order. Discretionary grounds mean that even if you prove the ground, the court decides whether it is reasonable to order possession.

For a full explanation of every ground, see our pillar guide to Section 8 grounds for possession.

The main grounds that now do Section 21’s job

The table below lists the grounds private landlords are most likely to use now that no-fault eviction has gone. Notice periods are the statutory minimums published in government guidance for England.

Source: MHCLG, Grounds for possession: guidance for landlords and letting agents (England), last updated 1 May 2026. Specialist grounds for social landlords, employers, supported housing and superior leases are covered in our full grounds guide.

Selling or moving in: Grounds 1 and 1A

These are the closest replacements for the classic Section 21 exit. Both are mandatory and both require four months’ notice.

Neither can be used to end a tenancy in its first 12 months. You can serve notice during that period, but the notice cannot expire before the 12 months are up. Ground 1A cannot be used for assured non-shorthold tenancies created before 1 May 2026.

The 12-month re-letting restriction

If you rely on Ground 1 or 1A, you must not re-let or re-market the property from the date you serve notice until 12 months after the notice period ends, unless you took all reasonable steps to avoid it or an exception applies. Re-marketing includes online adverts. Government enforcement guidance says breaching this restriction is an offence, with a civil penalty of up to £40,000 available as an alternative to prosecution.

Misusing a ground is also an offence. Using a ground knowingly or recklessly when a court would not order possession on it is an offence if the tenant leaves within four months without a court order. Only use Ground 1 or 1A if the intention is genuine and you can evidence it.

Rent arrears: Grounds 8, 10 and 11

Ground 8 remains the main mandatory arrears ground, but the threshold and notice have changed. The tenant must owe at least three months’ rent (where rent is paid monthly) or 13 weeks’ rent (weekly or fortnightly), both on the date notice is served and on the date of the hearing. Notice is now four weeks.

Arrears caused solely by a delay in Universal Credit payments do not count towards the Ground 8 threshold. If the tenant pays down below the threshold before the hearing, Ground 8 fails. That is why landlords usually plead Grounds 10 and 11 alongside it.

Antisocial behaviour: Grounds 7A and 14

Ground 7A (mandatory) covers severe antisocial or criminal behaviour. Ground 14 (discretionary) covers broader antisocial behaviour, including nuisance to neighbours. For both, proceedings can begin without a notice period, but the court cannot make an order within 14 days of the notice being served.

How to serve a valid Section 8 notice

A defective notice is the most common reason possession claims fail or get delayed. Work through these steps in order.

1. Confirm the tenancy is in England and is an assured periodic tenancy. Since 1 May 2026, almost all private tenancies are.
2. Choose your grounds. Pick every ground that genuinely applies. You can rely on more than one, but each must be supported by evidence.
3. Check timing restrictions. Grounds 1 and 1A cannot take effect in the first 12 months. Ground 6 usually cannot be used in the first six months.
4. Calculate the notice period. Where you rely on several grounds, the date in the notice must not be earlier than the end of the longest applicable period.
5. Check the deposit. For notices served on or after 1 May 2026, the court will only grant possession if the deposit has been returned, any challenge resolved, or it is held in a government-approved scheme with the rules followed and prescribed information given.
6. Complete Form 3A. Section 8 notices must use the prescribed form, setting out the grounds and particulars.
7. Serve and record service. Complete form N215 or write “served by [your name] on [the date]” on your copy.
8. Diary the court deadline. For notices served on or after 1 May 2026, you usually have up to 12 months to issue proceedings.

The notice does not evict anyone. The tenant does not have to leave when it expires. If they stay, you need a possession order from the court and, if necessary, enforcement by bailiffs.

Landlord registration and possession

The Act also creates the Private Rented Sector Database. Registration opens region by region from 15 December 2026. Once the registration duty applies to your property, a court cannot make a possession order while you, or any joint landlord, lack an active landlord entry and an active entry for the property. The only exceptions are the anti-social behaviour Grounds 7A and 14 (Renters’ Rights Act 2025, section 90).

Plan registration before you need to rely on a possession ground. See our guide to landlord registration and the penalties for not registering.

Common mistakes to avoid

• Using an old tenancy template that still refers to fixed terms, break clauses or Section 21.
• Serving a Ground 1 or 1A notice that expires inside the first 12 months.
• Getting the Ground 8 arrears calculation wrong, or forgetting the threshold must still be met at the hearing.
• Telling a tenant to leave by text or verbally. Government guidance says a purported notice of possession can include texts or WhatsApp messages, and using one is a listed breach carrying a civil penalty of up to £7,000.
• Serving notice without first checking deposit protection and prescribed information.

If your tenancy agreements still carry pre-Act wording, the RRA Compliance Checker audits them for Renters’ Rights Act readiness, flags missing clauses and legal risks, and produces a remediation report. For more on the wider changes, see the Renters’ Rights Act guide and how ASTs converted to periodic tenancies.

This guide is general information, not legal advice.