Section 21 notice
Section 21 notices were abolished in England on 1 May 2026. A landlord cannot serve a Section 21 notice for any tenancy in England from that date. Any document purporting to be a Section 21 notice served after 1 May 2026 is invalid and of no legal effect. Tenants who have received such a document should seek advice from Shelter or Citizens Advice.
For landlords who need to recover possession from 1 May 2026 onwards, the only legal route is a Section 8 notice citing one or more of the statutory grounds for possession under the Housing Act 1988 as amended by the Renters' Rights Act 2025. For a full explanation of how eviction now works, see the August definition of eviction.
What Section 21 was
A Section 21 notice was a formal written notice served by a landlord on a tenant under section 21 of the Housing Act 1988, requiring the tenant to vacate the property at the end of the notice period without the landlord being required to give any reason. This is why it was described as a "no-fault" notice, the tenant could be asked to leave even if they had paid their rent on time and complied with all their tenancy obligations.
A valid Section 21 notice did not itself end the tenancy. It gave the landlord the right to apply to the county court for a possession order using the accelerated possession procedure, a paper-based process without a hearing, once the notice period had expired. The court could not refuse the order if the notice was valid and correctly served. Until the court granted a possession order and, if needed, a bailiff enforced it, the tenant had the legal right to remain and continue paying rent.
To be valid, a Section 21 notice had to comply with several conditions. It had to be served using Form 6A, the prescribed form introduced in 2015. It could not be served in the first four months of the tenancy. The landlord had to have protected the deposit in an approved scheme and served the prescribed information within 30 days. The landlord had to have provided the tenant with the current How to Rent guide, a valid gas safety certificate, and a valid EPC before the notice was served. A notice that failed any of these conditions was invalid and could be challenged in court.
Why Section 21 was abolished
Section 21 was consistently identified by tenants' organisations, housing charities, and parliamentary committees as a driver of insecurity in the private rented sector. Data from the English Private Landlord Survey showed that 70% of landlords used Section 21 when they needed to end a tenancy, and its availability as a backstop was seen as discouraging tenants from exercising rights, for example, requesting repairs, out of fear of retaliatory eviction. The Renters' Rights Act 2025 abolished Section 21 as part of a broader set of reforms intended to give private tenants security comparable to that enjoyed by social housing tenants.
Alongside Section 21 abolition, the accelerated possession procedure was also abolished, all possession claims in the private rented sector now require a court hearing.
What has replaced Section 21
From 1 May 2026, landlords who need to recover possession must serve a Section 8 notice using Form 3A, citing one or more specific statutory grounds. There are 37 grounds in total, 20 mandatory and 17 discretionary, covering situations such as serious rent arrears, antisocial behaviour, the landlord intending to sell, and the landlord or a family member needing to move in. Mandatory grounds require the court to grant possession if proved; discretionary grounds give the court flexibility.
The grounds a landlord must cite are set out in the August definition of grounds for possession. For a full guide to navigating the post-Section 21 landscape, including what the 37 grounds are, how Section 8 works in practice, and what landlords should do now, see the August guide to evictions in 2026.
Notices served before 1 May 2026
Section 21 notices validly served before 1 May 2026 retained their legal effect for a transitional period. A landlord who had served a valid Section 21 notice before commencement could continue to rely on it and pursue possession through the courts using the transitional provisions under Schedule 11 of the Renters' Rights Act 2025. However, these transitional cases are working through the court system and the window in which new accelerated possession claims under pre-commencement notices could be filed has closed. Any landlord still in mid-process should take specific legal advice on their position.
Frequently asked questions
Has Section 21 been abolished?
Yes. Section 21 no-fault eviction notices were abolished in England on 1 May 2026 under the Renters' Rights Act 2025. A Section 21 notice cannot be served for any private tenancy in England from that date. Any document purporting to be a Section 21 notice served after 1 May 2026 is invalid.
What replaced Section 21?
Section 8. From 1 May 2026, private landlords in England can only seek possession by serving a Section 8 notice on Form 3A, citing one or more of the 37 statutory grounds for possession under the Housing Act 1988 as amended by the Renters' Rights Act 2025. All possession claims now require a court hearing, the accelerated paper-based procedure was also abolished.
What if I received a Section 21 notice after 1 May 2026?
A Section 21 notice served after 1 May 2026 is invalid and of no legal effect. You cannot be required to leave on the basis of such a notice. You should seek advice from Shelter, Citizens Advice, or a housing solicitor.
Can a landlord still use a Section 21 notice for notices served before May 2026?
Section 21 notices validly served before 1 May 2026 retained transitional legal force under Schedule 11 of the Renters' Rights Act 2025. However, the transitional window for filing new court claims under pre-commencement Section 21 notices has closed. Any landlord or tenant involved in ongoing pre-commencement proceedings should take specific legal advice.
