Has Section 21 been abolished?
Yes. Section 21 “no-fault” eviction notices were abolished for private tenancies in England on 1 May 2026 by the Renters’ Rights Act 2025. Landlords can no longer serve a valid Section 21 eviction notice and must now use Section 8, proving a legal ground for possession.
For more than 35 years, the Section 21 eviction notice was the landlord’s simplest route back into a property. You gave two months’ notice on Form 6A, gave no reason, and in most cases used the accelerated possession procedure without a hearing.
That route has now closed. The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, and its tenancy reforms took effect on 1 May 2026. Most assured shorthold tenancies converted automatically into assured periodic tenancies on that date.
This guide explains when Section 21 ended, what happened to notices already served, the penalty for getting it wrong, and the steps landlords should take now.
It covers England only; Wales and Scotland run separate systems. For the full picture of the eviction process, see our complete guide to evicting a tenant in England.
When was Section 21 abolished? Key dates
Section 21 was abolished on 1 May 2026. The last day a private landlord in England could serve one was 30 April 2026, and the last day to start court proceedings on an old notice was 31 July 2026.
Key dates for the Renters’ Rights Act Section 21 changes:
- 27 October 2025 – The Renters’ Rights Act 2025 receives Royal Assent and becomes law.
- 13 November 2025 – Government publishes statutory guidance on civil penalties, including the £7,000 cap.
- 30 April 2026 – Last day to serve a Section 21 eviction notice.
- 1 May 2026 – Section 21 abolished. Assured shorthold tenancies become assured periodic tenancies. New Section 8 grounds and Form 3A apply.
- 31 May 2026 – Deadline to give existing tenants the government’s Renters’ Rights Act Information Sheet 2026.
- 31 July 2026 – Final deadline to issue a possession claim based on a Section 21 (or old-style Section 8) notice served before 1 May 2026.
- Late 2026 onwards – Further phases, including the Private Rented Sector Database and the landlord Ombudsman, are expected to follow.
The transition dates come from Schedule 6 to the Act, which amends Section 21 of the Housing Act 1988 as it applied before 1 May 2026. GOV.UK confirms that a Section 21 notice can usually only be used to start court proceedings until six months after service or 31 July 2026, whichever is sooner (GOV.UK: Giving notice to evict tenants).
Can I Still Serve a Section 21 Eviction Notice?
No. Since 1 May 2026, a private landlord in England cannot serve a valid Section 21 notice, whatever date the tenancy started. Any Section 21 eviction notice served on or after that date has no legal effect and can expose you to a fine.
The tenancy type explains why. Section 21 only ever worked for assured shorthold tenancies. On 1 May 2026, most of those became assured periodic tenancies, and a landlord cannot serve a Section 21 notice on an assured tenant.
There are two narrow points worth knowing:
- Tenancies already in the legacy system. Where a valid Section 21 or Section 8 notice was served before 1 May 2026, the tenancy stayed an assured shorthold tenancy while that notice could still be used. That window closed on 31 July 2026, unless proceedings were issued in time.
- Social housing. The abolition applies to the private rented sector. Some social landlords’ assured shorthold tenancies are treated differently, so this guide does not cover them.
For a private landlord letting a home today, the practical answer is simple. If you want possession, you need a Section 8 notice on Form 3A, relying on a ground in Schedule 2 to the Housing Act 1988.
What Happened to Section 21 Notices Served before 1 May 2026?
A valid Section 21 notice served on or before 30 April 2026 could still be used, but only if the landlord had the court issue a possession claim by the earlier of six months from service or 31 July 2026. If not, the notice is now dead.
The time limits
| Notice served | Last day to issue court proceedings |
| On or before 31 January 2026 (two months’ notice) | Six months from service |
| On or before 31 January 2026 (notice longer than two months) | Four months from expiry, and no later than 31 July 2026 |
| 1 February 2026 – 30 April 2026 | 31 July 2026 |
The same 31 July 2026 deadline applied to old-style Section 8 notices (Form 3) served before 1 May 2026 (Shelter Legal: Section 21 possession process).
If you missed 31 July 2026
The notice became invalid and the tenancy became an assured periodic tenancy. You cannot revive it. To recover possession, you must serve a fresh Section 8 notice on Form 3A and rely on a current ground.
If you issued your claim in time
Where the court issued the claim by the deadline, the notice stays valid and the tenancy stays an assured shorthold tenancy until those proceedings end. These legacy claims continue under the old rules, including the accelerated procedure where it applies. If your claim is struck out, withdrawn or dismissed, you cannot start again on the same Section 21 notice.
Note that the deadline was about the court issuing the claim. Sending a letter, instructing a solicitor or preparing forms was not enough.
What is the £7,000 penalty?
Serving a Section 21 eviction notice after 1 May 2026 is a breach of section 16E of the Housing Act 1988. Your local council can fine you up to £7,000 per breach. A repeat or continuing breach becomes a criminal offence, with a civil penalty of up to £40,000 or prosecution.
The Renters’ Rights Act inserted new landlord duties into the Housing Act 1988. Section 16E(1)(d) makes it a breach to serve a possession notice that tries to end a tenancy outside the prescribed Section 8 process. A Section 21 notice served after abolition falls squarely within that.
The government’s statutory guidance on civil penalties sets the national starting point for this breach at £6,000, within a £7,000 maximum. Councils then adjust for aggravating and mitigating factors, such as portfolio size or how quickly you put things right.
It can escalate quickly:
- Continuing breach – if the conduct continues more than 28 days after a penalty, it becomes an offence under section 16J.
- Repeat breach – a different assured-tenancy breach within five years of a penalty is also an offence.
- Offence penalty – up to £40,000, or prosecution instead.
Related breaches carry the same £7,000 cap. These include trying to end a tenancy by notice to quit or orally, and relying on a ground you do not reasonably believe you can prove. Councils now have a statutory duty to enforce these rules under section 107 of the Renters’ Rights Act 2025.
What Replaced Section 21?
Section 8 of the Housing Act 1988 replaced it. To recover possession, you now serve a Section 8 notice on Form 3A, name at least one ground from the reformed Schedule 2, give the right notice period, and prove the ground in court if the tenant stays.
The Act strengthened some grounds and added new ones, so landlords who once relied on Section 21 still have routes back. GOV.UK groups the main reasons as rent arrears, antisocial behaviour, moving yourself or close family in, and selling (GOV.UK).
Section 21 vs Section 8 at a glance
| Section 21 (abolished) | Section 8 (now) | |
| Reason needed | No | Yes – a Schedule 2 ground |
| Form | Form 6A | Form 3A |
| Typical notice | 2 months | 4 months if tenant not at fault; shorter for arrears or antisocial behaviour |
| Court outcome | Mandatory if notice valid | Mandatory or discretionary, depending on ground |
| Accelerated (no-hearing) route | Usually | No – standard possession claim |
| Time to issue claim after notice | 6 months (transitional limit to 31 July 2026) | Usually up to 12 months |
| Status in England | Ended 1 May 2026 | The only route for private landlords |
Grounds former Section 21 users rely on most
- Ground 1 – moving in. You or a close family member need the home. Mandatory, four months’ notice.
- Ground 1A – selling. You intend to sell. Mandatory, four months’ notice.
- Ground 8 – serious rent arrears. At least three months’ rent owed when notice is served and at the hearing. Mandatory, four weeks’ notice.
- Grounds 10 and 11 – other or persistent arrears. Discretionary.
- Ground 14 – antisocial behaviour. Discretionary, and proceedings can start straight after notice.
Grounds 1 and 1A cannot be used in the first 12 months of a tenancy. After possession on either ground, you cannot relet or remarket the property for 12 months. Full ground wording and notice periods are in the government’s grounds for possession guidance. Our guide to Section 8 grounds and notice periods covers each one in detail.
What Should Landlords Do Now?
Stop using any Section 21 paperwork, check where each tenancy stands, and get your compliance in order before you serve anything. Under Section 8, a weak notice or missing paperwork can sink a claim and, in some cases, trigger a fine.
- Bin old templates. Remove Form 6A and any old Form 3 from your files and your agent’s system. Serving either now risks a section 16E breach.
- Check any legacy claim. If a court issued your Section 21 claim by 31 July 2026, keep it moving and meet every court direction. If you missed the deadline, treat the tenancy as assured periodic.
- Confirm the Information Sheet was served. Existing tenants should have received the Renters’ Rights Act Information Sheet 2026 by 31 May 2026. Failing to give it is a separate £7,000 breach.
- Audit your compliance. Deposit protection and prescribed information, gas safety, EPC and any licence all matter. The court will not grant possession if the deposit rules have not been met, except on grounds 7A and 14.
- Pick the right ground and gather evidence early. Rent statements, sale instructions or evidence of a family member’s need should be ready before the notice goes out.
- Diarise notice periods and the 12-month window. Count the notice period carefully, and remember you will usually have 12 months from service to issue a claim.
- Get the Section 8 notice checked. Form 3A must include the full legal wording of each ground and be served correctly. Keep proof, such as Form N215.
Need to serve a Section 8 notice? Our solicitors prepare and serve Form 3A notices that meet the post-May 2026 rules, then handle the possession claim if your tenant does not leave. Start your Section 8 notice today →
Section 21 Eviction FAQs
Is a Section 21 eviction still possible in 2027?
Only if a court issued your claim on a pre-1 May 2026 notice by 31 July 2026 and those proceedings are still running. No new Section 21 eviction can begin.
My tenancy started before 1 May 2026. Can I still use Section 21?
No. The abolition applies to all private tenancies in England, old and new.
Can I use Section 21 if my tenant agrees to leave?
No notice is needed if a tenant chooses to leave. They can end the tenancy themselves by giving you notice, or you can agree a surrender in writing.
What is the notice period for a Section 8 notice?
It depends on the ground. It is usually four months where the tenant is not at fault, four weeks for Ground 8 arrears, and immediate proceedings are possible for Ground 14.
Does the abolition apply in Wales?
No. Wales uses its own system under the Renting Homes (Wales) Act 2016. This guide covers England only.
This article is general information on the law in England as at 15 October 2026. It is not legal advice. Speak to a solicitor about your own case.
