Section 21 Is Abolished: What It Means for England Landlords Now

Last Reviewed: July 2026 | Reading time: 8 minutes | Category: Renters’ Rights Act

Section 21 is gone.

From 1st May 2026, the no-fault eviction notice that was a fixture of private renting in England since 1988 is abolished. Permanently. There was no grace period, no soft launch. On 1st May the rules changed for every landlord with residential property in England – every tenancy, all at once. If you are still working out what this means for you, this guide covers exactly what has changed, what replaces Section 21, and what you need to do now.

Full official guidance is available at gov.uk/renting-is-changing.

Key takeaways (read this first)

Section 21 was abolished on 1st May 2026 – it cannot be used for any new notices
All tenancies automatically became rolling periodic tenancies on 1st May
The only way to regain possession is now via Section 8 with a legal ground
The government information sheet deadline was 31st May 2026 – if you haven’t sent it, do so immediately
The deadline to begin court proceedings on a pre-May Section 21 notice is 31st July 2026

Important: This article covers England only

The Renters’ Rights Act is an England-only law. Housing legislation is devolved, meaning the other UK nations have their own entirely separate frameworks:

Scotland — abolished no-fault evictions in December 2017 via the Private Residential Tenancy. Different rules, different tribunal process. See: mygov.scot/landlord-end-tenancy

Wales — replaced Section 21 with Section 173 notices (6 months’ notice) under the Renting Homes (Wales) Act 2022. Different contract law applies. See: gov.wales/housing-law-changed-renting-homes

Northern Ireland — no equivalent reform yet in place. Landlords can still end periodic tenancies without reason with correct written notice: nidirect.gov.uk/articles/landlord-and-tenant-obligations

If you own property in Scotland, Wales or Northern Ireland, please consult the relevant national guidance rather than this article.

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What is Section 21 and why is it being abolished?

Section 21 of the Housing Act 1988 is the notice that has allowed landlords to end a tenancy without giving a reason. You serve two months’ notice, the tenant leaves, and that’s it. No explanation required.

The government’s argument for abolishing it is straightforward: too many tenants were being evicted not because they had done anything wrong, but because a landlord wanted to sell, refurbish, or simply move someone else in. Shelter’s data shows that over 43,000 households were evicted via Section 21 since the government first announced its intention to abolish it back in 2019.

Whether you think that’s a fair characterisation of how most landlords used it or not doesn’t change the outcome. Section 21 is going. Understanding what replaces it is what matters now.

The critical dates - put these in your diary now

30th April 2026

Last valid Section 21 notice served.

1st May 2026

Section 21 abolished, all tenancies became periodic.

31st May 2026

Deadline to send the government information sheet to existing tenants.

31st July 2026

Last date to begin court proceedings using a pre-May Section 21 notice. If you served a Section 21 notice before 30 April and haven’t yet started proceedings, this deadline is now urgent.

What happens to your existing tenancies on 1st of May?

This is the question most landlords ask first — and the answer is simpler than most people expect.

You do not need to reissue or rewrite your existing tenancy agreements. On 1st May 2026, all Assured Shorthold Tenancies in the private rented sector automatically convert to Assured Periodic Tenancies. This happens whether you do anything or not.

What does that mean in practice?

Your tenancy has no end date. It rolls on month to month indefinitely.
Your tenant can leave by giving you two months’ notice at any time.
You can only end the tenancy by proving one of the legal grounds under Section 8.
Any fixed-term remaining in your current agreement becomes irrelevant — the tenancy becomes periodic automatically.

The government information sheet — your 31st May deadline

The government has published an official information sheet explaining the new tenancy rules to tenants in plain English. Every landlord in England must send a copy to every existing tenant. The deadline was 31st May 2026. If you have not yet sent it, do so immediately — failing to do so can result in fines of up to £7,000. Download it directly from gov.uk/renting-is-changing.

You can send it digitally (email is fine) or on paper. Keep a record of when and how you sent it to each tenant.

EXCEPTION: Verbal tenancy agreements.

If your tenancy has no written record, you cannot send the information sheet. Instead you must provide certain tenancy information to your tenant in writing. See gov.uk/renting-is-changing for details.

What replaces Section 21? Section 8 explained simply

Section 21 is not being replaced with a single equivalent notice. Instead, you’ll use the existing Section 8 notice — but the grounds for using it have been expanded and improved for landlords.

The key difference is this: Section 8 requires you to give a specific, legal reason for wanting your property back. And if your tenant disputes it, you’ll need to prove your case at a court hearing.

Section 8 requires a specific legal reason for possession — and you must be able to prove it if challenged.

Ground 8

Mandatory

Tenant owes at least 3 months’ rent. Court must grant possession if proven.

Ground 10 & 11

Discretionary

Rent arrears below threshold or persistent late payment

Ground 1

Mandatory

Landlord or family member moving in (4 months’ notice)

Ground 1A

Mandatory

Landlord intends to sell (4 months’ notice, restrictions apply)

Ground 14

Mandatory

Anti-social behaviour (can serve notice immediately)

Ground 4A

New

New — student HMOs only, with specific conditions

⚠️ The 12-Month Protected Period — Don't Get Caught Out

For any tenancy starting on or after 1st May 2026, certain grounds — including wanting to sell (Ground 1A) or move family in (Ground 1) — cannot be used in the first 12 months.

Important: if a tenancy started in December 2025, the 12-month clock does not reset on 1st May 2026. That tenancy is already nearly 5 months old and will be outside the protected period by December 2026.

The 12-month protection only applies to genuinely new tenancies starting on or after 1st May.

What if you want to sell your property?

This is the question we get asked most. The answer is: you can still sell, but the process is now different.

You need to use Ground 1A — the new selling ground under Section 8. Here’s how it works:

You must give your tenant four months’ written notice – up from two months under Section 21.
You cannot use it in the first 12 months of a new tenancy (the protected period).
Once you’ve obtained possession using Ground 1A, you cannot let the property again for 16 months from the date of serving notice. This prevents landlords using ‘I want to sell’ as a pretext for removing tenants before reletting at a higher rent.

To sell a tenanted property after May 2026:

You must use Ground 1A under Section 8
You must give at least four months’ notice
You cannot use this ground within the first 12 months of a tenancy
You cannot re-let the property for 16 months after using this ground

Other important changes since 1st May 2026

Section 21 is the headline, but 1st May brought several other significant changes alongside it. These are the ones that will catch landlords out if they haven’t prepared.

Rent Increases: Once a Year Maximum, Two Months' Notice

From 1st May 2026, you can only increase rent once every 12 months. When you do, you must use the formal Section 13 process — which means serving a Form 4A notice with at least two months’ warning. Any automatic rent review clause in your existing tenancy agreement will no longer apply after 1st May. Full guidance at gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/rent-increases

Your tenant has the right to challenge the increase at a First-tier Tribunal. The good news: the tribunal can no longer set a rent higher than you proposed, and any increase is no longer backdated to the notice date if challenged.

No More Rental Bidding Wars

If you’re advertising a property, you must publish a fixed asking rent. You cannot ask for, encourage, or accept bids above it. This applies to you and your letting agent. It’s designed to stop the situation where landlords and agents have been inviting tenants to bid against each other in high-demand areas.

Pets, benefits and discrimination rules

It will be illegal to refuse a prospective tenant solely because they receive benefits or have children. Blanket ‘no pets’ advertising policies will also be banned. If a tenant requests permission to keep a pet, you have four weeks to respond in writing. You can refuse — but only for a valid, documented reason.

This doesn’t mean you have to accept every tenant or every pet. It means you can’t make blanket decisions that aren’t based on specific circumstances.

Rent in Advance is Now Limited

Landlords and agents cannot demand large amounts of rent in advance beyond what is permitted under the new rules. If you’ve been asking for six months’ rent upfront as a way of managing risk with certain tenants, that practice is now restricted.

Will Evictions Be Slower After May?

Honestly – possibly, yes. The government has acknowledged concerns about court capacity, but has not committed to specific additional resources at implementation.

Court waiting times for possession hearings are currently running at 6–9 months in many areas following the removal of the accelerated possession route. Factor this into your planning – serving notice does not mean you will have possession quickly. Apply to court as soon as the notice period expires and do not delay.

The government’s implementation roadmap states they are working closely with the Ministry of Justice and HMCTS to ensure courts are prepared, but has not confirmed exact timescales or additional funding at the time of writing. You can read the full roadmap at gov.uk (search ‘Renters Rights Act implementation roadmap’).

The practical implication: if you need possession of your property for any reason after 1st May 2026, start the Section 8 process earlier than you think you need to. Build extra time into your planning.

Your action list - what to do right now

Do this in order — don’t skip steps. These are the specific actions every landlord
with residential property in England needs to complete before and immediately
after 1 May 2026.

If you served a Section 21 notice before 30th April 2026

The deadline to begin court proceedings on a pre-May Section 21 notice is 31st July 2026. If you served a valid notice before 30th April and the tenant has not left, you must issue your possession claim before that date or the notice expires and you will need to start again under Section 8.

Make sure your notice was legally valid before relying on it. Common reasons Section 21 notices are invalidated include an unprotected deposit, failure to provide an EPC, or failure to provide a How to Rent guide. If in doubt, have it checked by a specialist solicitor before issuing your claim.

If you haven't completed these steps yet - do them now:

Audit your tenancies. Make a list of every property, every tenant, and the key details – start date, rent amount, and whether the deposit is protected.
Check your deposit is protected. You cannot serve a valid Section 8 notice if the deposit is not in a government-approved scheme. If in doubt, check now.
Send the government information sheet if you haven’t already. Download it from gov.uk/renting-is-changing and send to every existing tenant. Keep a record.
Review your rent increase process. Any automatic uplift clause in your tenancy agreement no longer applies. You must now use the formal Section 13 process. See How to increase rent legally under the new rules.
Brief your letting agent. If you use one, make sure they are operating under the new rules on your behalf.

Get the full landlord compliance toolkit

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41-point compliance checklist
Information sheet delivery log
Section 8 quick reference guide
Rent increase letter template
Pet request response templates
Key landlord deadlines calendar

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Related guidance

A NOTE ON THIS ARTICLE

This article is guidance only and not formal legal advice. The Landlord Brief aims to translate complex legislation into plain English — but every landlord’s situation is different.

If you have tenants in rent arrears, a possession case in progress, or a complex tenancy arrangement, we strongly recommend speaking to a specialist landlord solicitor before acting.