Section 21 notice: abolished, what landlords use now
A section 21 notice no longer works for private landlords in England: it ended on 1 May 2026, and old notices hit a 31 July 2026 deadline. What to use now.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Section 21 was abolished for private tenancies in England on 1 May 2026; the last day to give a section 21 notice was 30 April 2026.
- A section 21 notice served before 1 May 2026 could only be used if the court claim was started by 31 July 2026 at the latest.
- If a claim on an old section 21 notice was started in time, the notice stays valid until those proceedings finish.
- Landlords now use a Section 8 notice on Form 3A and must prove a ground, such as Ground 1A to sell or Ground 8 for serious arrears.
- Fixed terms no longer have any effect, so the end of a fixed term is not a route to possession.
A section 21 notice can no longer be used by private landlords in England. Section 21 was abolished for private tenancies on 1 May 2026, and the last day to start a court claim on a notice served before then was 31 July 2026. If you need a property back today, you serve a Section 8 notice on Form 3A and prove a legal ground for possession.
Is section 21 abolished?
Yes, for private landlords. The Renters' Rights Act 2025 repealed section 21 of the Housing Act 1988, along with the rules on assured shorthold tenancies, for every assured tenancy that isn't social housing.
| Date | What happened |
|---|---|
| 27 October 2025 | The Renters' Rights Act 2025 received Royal Assent |
| 30 April 2026 | Last day a section 21 notice could be given for a private tenancy |
| 1 May 2026 | Section 21 abolished for private tenancies; ASTs became periodic assured tenancies; Form 3A introduced |
| 31 July 2026 | Last day to start court proceedings on a section 21 or Section 8 notice served before 1 May 2026 (with a narrow breathing-space exception) |
| 2027 at the earliest | Expected date for applying the reforms to social housing tenancies of private registered providers |
So the honest answer to "is section 21 abolished?" is: completely, for private landlords, and every transitional route for older notices has now closed. This applies to England only. Wales replaced its system earlier with occupation contracts under the Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland have their own law.
What happened to a section 21 notice served before 1 May 2026?
A section 21 notice served on or before 30 April 2026 didn't become invalid overnight, but it had to be used quickly. The rules are in Schedule 6 to the Renters' Rights Act:
- If you had already asked the court to issue the claim before 1 May 2026, the notice stays valid until those proceedings are concluded, and the tenancy stays an AST until then.
- If you hadn't, you had to start proceedings by the end of the "applicable period":
- for an ordinary section 21(1) notice, the earlier of 6 months beginning with the date the notice was given, or 31 July 2026;
- for a section 21(4) notice that had to give more than 2 months' notice, the earlier of 4 months beginning with the date specified in the notice, or 31 July 2026.
- If you started proceedings in time, the notice stays valid until those proceedings finish.
- If you didn't, the notice stopped being valid and the tenancy carried on as a periodic assured tenancy.
Example. A section 21(1) notice given on Monday 12 January 2026 had a 6-month period ending on 11 July 2026. That is earlier than 31 July 2026, so the claim had to be requested by 11 July. A notice given on Friday 20 March 2026 had a 6-month period running to 19 September 2026, so the 31 July 2026 cut-off applied instead. Either way, the deadline has now passed for every pre-May notice.
GOV.UK is clear that the court process can't be started after 31 July 2026, even if the notice would otherwise still have been valid. The only exception is where a tenant's debt-respite breathing space extended the deadline. If you think that applies to you, speak to a solicitor straight away.
Watch out: when an old notice stopped being valid, a written tenancy needed the government's Renters' Rights Act Information Sheet within one month. If you haven't given it, give it now. Not giving it risks a penalty of up to £7,000. See the Information Sheet.
If your section 21 case is already in court
If you requested the claim in time, it carries on under the old rules until it finishes. Accelerated possession claims on form N5B remain available to private landlords only in these transitional cases. See accelerated possession after section 21. If that claim fails or is withdrawn, you can't start a new one on the same notice.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39How do landlords evict tenants now section 21 is abolished?
The answer to "how will landlords evict tenants once section 21 is abolished?" is now settled: through Section 8. You serve a notice on Form 3A naming at least one ground from Schedule 2 to the Housing Act 1988, wait for the notice period to pass, and apply to court if the tenant stays. The court orders possession if you prove the ground (and, for discretionary grounds, if it is reasonable).
Start from your real reason for wanting the property back:
| Your situation | Section 8 ground | Minimum notice | Watch out for |
|---|---|---|---|
| You want to sell | Ground 1A | 4 months | Not in the first 12 months; no re-letting or marketing for 12 months after the notice date |
| You or close family will move in | Ground 1 | 4 months | Same first-year rule and re-let ban; evidence of genuine need |
| The tenant owes rent | Grounds 8, 10 and 11 | 4 weeks | Ground 8 needs 3 months' or 13 weeks' arrears at service and at the hearing |
| Antisocial behaviour or crime | Grounds 7A and 14 | None | Evidence: convictions, logs, witness statements |
| Breach of the tenancy agreement | Ground 12 | 2 weeks | Discretionary: the court decides if it is reasonable |
| Damage to the home or furniture | Grounds 13 and 15 | 2 weeks | Inventory and dated photos |
| Major works needing the home empty | Ground 6 | 4 months | Tenancy must have begun 6 months before the notice date |
| A banning order, licence refusal or similar | Ground 6B | 4 months | The court may order you to compensate the tenant |
| Student HMO needed for new students | Ground 4A | 4 months | Written statement before the tenancy; notice date 1 June to 30 September |
| The tenant has died | Ground 7 | 2 months | Proceedings within 12 months of the death |
| The tenant has no right to rent | Ground 7B | 2 weeks | You need the Home Office's written notice |
The full list of Section 8 grounds covers every ground, including the rarer ones.
Section 21 eviction vs Section 8: what's different now
If you're used to a section 21 eviction, these are the changes that matter most:
- You need a reason, and evidence. A judge must be satisfied your ground is proved. Keep rent schedules, inventories, photos, letters and agent instructions.
- Notice periods vary by ground, from none to 4 months, and the longest applies if you use several.
- There is usually a hearing. Standard claims use forms N5 and N119; only rent-arrears-only claims can go online.
- The deposit rule now attaches to the order. An unprotected deposit doesn't invalidate a Section 8 notice, but it stops the court making an order on most grounds.
- Gas safety, EPC and the How to Rent guide were section 21 preconditions. They aren't preconditions for a Section 8 order, though gas and EPC rules remain legal duties.
- Misuse is penalised. Defective notices, grounds used without a reasonable belief that you can get possession, and re-letting after Ground 1 or 1A can all bring council penalties.
Our side-by-side guide to Section 8 vs section 21 goes into more detail.
Section 21 myths to avoid
"My tenancy started before May, so I can still use section 21." You can't. The start date of the tenancy doesn't matter; section 21 is gone for all private tenancies.
"I'll wait for the fixed term to end." Fixed terms no longer have any effect. Every private assured tenancy is periodic, with no end date to wait for.
"I'll serve a notice to quit instead." A landlord's notice to quit has no effect on an assured tenancy, and purporting to end a tenancy that way can bring a £7,000 penalty.
"I'll re-date an old section 21 template." It won't work, and a document that purports to end the tenancy outside the Section 8 rules risks a council penalty.
"Once the notice runs out, I can change the locks." Never. Only county court bailiffs or High Court enforcement officers can carry out an eviction under a court order. Illegal eviction can lead to prosecution or a penalty of up to £40,000. See illegal eviction and harassment.
What to do next
- Identify your ground from the table above and check its conditions on the ground's own page.
- Gather your evidence and check the deposit and Information Sheet are in order.
- Prepare your Section 8 notice on Form 3A. ValidNotice suggests the grounds that fit your answers, calculates every date and fills in the form for you to check, sign and serve.
For the full process, start with the Section 8 notice guide, or read which eviction notice to use if you're still unsure.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Does section 21 still exist anywhere?
Not for private landlords in England. The Renters' Rights Act reforms haven't yet been applied to social housing tenancies of private registered providers, which is expected in 2027 at the earliest. Wales has its own system under the Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland have different law.
My section 21 notice expired in June 2026 and I never went to court. What now?
That notice can't be used. The tenancy carries on as a periodic assured tenancy. If it was a written tenancy, the Renters' Rights Act Information Sheet was due within one month of the notice ceasing to be valid, so give it now if you haven't. To recover possession, serve a Section 8 notice on Form 3A relying on a ground that fits.
Is there a no-fault eviction route now?
No. Every landlord needs a ground. Some grounds don't depend on the tenant doing anything wrong, such as Ground 1 (moving in), Ground 1A (selling) and Ground 6 (redevelopment), but you must prove them, and Grounds 1 and 1A can't take effect in the first year of the tenancy.
Can I use accelerated possession for a Section 8 claim?
No. The accelerated procedure on form N5B is now limited to social housing landlords and a few transitional private cases based on pre-May 2026 notices. A Section 8 claim uses forms N5 and N119, or Possession Claim Online if it is only about rent arrears.
What happens if I serve a section 21 notice now?
It has no effect for a private tenancy. Worse, a document that tries to end the tenancy outside the Section 8 rules could be treated as a breach, with a council penalty of up to £7,000. Use Form 3A instead.
Sources
- Renters' Rights Act 2025, Schedule 6: transitional provisions (legislation.gov.uk)
- Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (legislation.gov.uk)
- Assured tenancy forms: notices of possession served before 1 May 2026 (GOV.UK)
- Repossessing your privately rented property after 1 May 2026 (GOV.UK)
- Make an accelerated claim for possession: Form N5B (GOV.UK)
Related guides
Section 8 notice: how to serve a valid notice in 2026
Prepare a Section 8 notice on Form 3A for England: choose the right grounds, get every date right and serve it properly. Checked against the 2026 rules.
Section 8 vs Section 21: what changed in 2026
Section 21 vs Section 8 after the Renters' Rights Act: why section 21 ended on 1 May 2026, how Section 8 differs, and which ground replaces each old reason.
Section 8 grounds for possession: the full list (2026)
All Section 8 grounds for possession in England from 1 May 2026: mandatory or discretionary, notice periods, time limits, and which grounds have gone.
Accelerated possession after Section 21 was abolished
Accelerated possession was the section 21 court route. See when form N5B can still be used under the 2026 transitional rules and what new claims need instead.
Eviction notice for tenants in England: which one to use
Which eviction notice do landlords in England use in 2026? Form 3A Section 8 explained, why Section 21 and letters no longer work, and the bailiffs' N54.
Renters' Rights Act 2025: what landlords must do now
What the Renters' Rights Act changed for landlords in England on 1 May 2026, the dates still to come, and a checklist of what you must do now.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.