Section 21 Notices Have Been Abolished: How Landlords Regain Possession Now
Section 21 “no-fault” eviction was abolished in England on 1 May 2026 under the Renters’ Rights Act 2025.
Landlords can no longer serve new Section 21 notices and must generally use Section 8 instead.
To regain possession, landlords must serve Form 3A, rely on a valid statutory ground, and apply to court if necessary.
What is Section 21 Eviction?
Section 21 eviction was the process that allowed landlords in England to end an assured shorthold tenancy without giving a specific reason.
However, Section 21 “no-fault” evictions were abolished on 1 May 2026 under the Renters’ Rights Act 2025.
Can I Still Serve a Section 21 Notice?
No. Since 1 May 2026, landlords in England cannot serve a Section 21 notice, whether the tenancy started before or after that date. A Section 21 notice served on or after 1 May 2026 cannot be used to obtain a possession order.
On 1 May 2026, most existing assured shorthold tenancies in England became assured periodic tenancies, so the framework that Section 21 relied on no longer applies to private tenancies.
What Happened to Section 21 Notices Served Before 1 May 2026?
Where a valid Section 21 notice was served on or before 30 April 2026, the landlord had to start possession proceedings by the earlier of:
- the deadline that applied to that particular notice; or
- 31 July 2026.
That transitional period has now expired. As things stand, landlords can no longer start a new possession claim relying on Section 21.
If the court was asked to issue a claim within the deadline, that case can continue until the proceedings conclude. If no claim was issued in time, the notice has lapsed and the landlord will need to serve a new Section 8 notice on an appropriate ground.
Already have a Section 21 case in court, or unsure whether your claim was issued in time? Speak to one of our panel solicitors as soon as possible.
How Do I Evict a Tenant Now that Section 21 has Gone?
Landlords in England now generally need to use the Section 8 procedure under the Housing Act 1988, as amended by the Renters' Rights Act 2025. In outline:
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- Identify the correct ground for possession. Work out which statutory ground fits your situation and what evidence you will need to prove it.
- Check your compliance paperwork. For most grounds, the court will need to be satisfied that any deposit has been protected and the prescribed information given. The anti-social behaviour grounds (7A and 14) are an exception.
- Serve a Section 8 notice on Form 3A. The notice must state the ground or grounds relied on, give enough detail of the facts, and give the correct notice period.
- Wait for the notice period to end. The length depends on the ground (see below). A notice is normally valid for 12 months from service, so proceedings must be started within that time.
- Apply to court for a possession order. If the tenant has not left, apply to the county court. Claims based only on rent arrears can use the Possession Claim Online service. Claims on other grounds use the paper process.
- Attend the hearing and enforce if necessary. If the court makes a possession order and the tenant still does not leave, you can apply for a warrant of possession so that county court bailiffs can carry out the eviction.
What has Changed in Section 8 Under the Renters' Rights Act 2025?
Section 8 has been substantially updated. Landlords who last used Section 8 before May 2026 should not rely on old templates, grounds or notice periods.
Form 3A has Replaced Form 3
Private landlords must now serve Section 8 notices on Form 3A, or a form substantially to the same effect. Private landlords should no longer use the previous Form 3.
New and Revised Grounds for Possession
The Act revised the existing grounds and added new ones. These include a ground for landlords who intend to sell the property (Ground 1A) and a revised ground where the landlord or a close family member intends to live in it (Ground 1). Both require four months' notice and cannot be used to end a tenancy within its first 12 months. Restrictions on re-letting the property apply afterwards.
Commonly Used Grounds (Notices Served on or After 1 May 2026)
- If the landlord intends to sell the property (Ground 1A), this is a mandatory ground requiring 4 months’ notice, and it cannot be used during the first 12 months of the tenancy.
- If the landlord or a close family member intends to move into the property (Ground 1), this is also a mandatory ground requiring 4 months’ notice, and it cannot be used during the first 12 months.
- For serious rent arrears (Ground 8), the ground is mandatory and requires 4 weeks’ notice.
- Other rent arrears or persistent late payment (Grounds 10 and 11) are discretionary grounds requiring 4 weeks’ notice.
- A breach of a tenancy term other than rent (Ground 12) is a discretionary ground requiring 2 weeks’ notice, while deterioration of the property (Ground 13) is also discretionary and requires 2 weeks’ notice.
- For nuisance or anti-social behaviour (Ground 14), the ground is discretionary and there is no minimum notice period, meaning proceedings can start immediately after the notice is served.
- Finally, serious anti-social behaviour or offences (Ground 7A) is a mandatory ground with no minimum notice period, so proceedings can start immediately after the notice is served.
Rent Arrears: Ground 8 has Changed
The mandatory serious rent arrears ground (Ground 8) has changed. For notices served on or after 1 May 2026:
- the tenant must owe at least three months' rent (if rent is paid monthly) or 13 weeks' rent (if paid weekly or fortnightly), both when the notice is served and at the date of the hearing; and
- the minimum notice period is four weeks.
Before 1 May 2026, the threshold was two months' or eight weeks' rent, with two weeks' notice, so guidance and templates written before May 2026 are out of date. Arrears can fall below the threshold before the hearing, so landlords often rely on the discretionary arrears grounds (10 and 11) as well.
Notice Periods Now Depend on the Ground
There is no single notice period under the new regime. Depending on the ground, the minimum period can be four months, two months, four weeks, two weeks, or none at all (Grounds 7A and 14).
Where a notice relies on more than one ground, the longest notice period generally applies before proceedings can start. For example, a notice served on 1 June 2026 relying on Ground 8 (four weeks) and Ground 7 (two months) would mean waiting until 1 August 2026 to apply to court.
Rent Arrears, Anti-Social Behaviour and Other Breaches
Rent arrears, anti-social behaviour, damage to the property and other breaches of the tenancy can still provide grounds for possession.
Each is subject to its own statutory requirements, including the correct notice and evidence. For discretionary grounds, the court must also be satisfied that it is reasonable to make an order.
Section 21 vs Section 8: What is the Position Now?
Before 1 May 2026, Section 21 was available as a “no-fault” route to possession, but it was abolished in England from 1 May 2026. Section 21 required no specific reason for possession, used Form 6A, required a minimum two-month notice period, and often allowed an accelerated possession process without a hearing if the claim was undisputed. The evidence mainly consisted of compliance documents.
Under Section 8, which is now the route to possession for private landlords, the landlord must rely on and prove a statutory ground and use Form 3A. The notice period depends on the ground and can range from no notice to four months. Possession claims generally follow the standard court process and usually involve a hearing, with the landlord required to provide evidence proving the relevant ground, along with compliance documents.
Common Mistakes Landlords are Making After the Change
- Serving a Section 21 notice, or using an old Section 21 template.
- Using the old Form 3 instead of Form 3A.
- Relying on old notice periods, such as two weeks for Ground 8 or two months for a landlord moving in.
- Applying the old two-month threshold for Ground 8 rent arrears.
- Relying on Ground 1 or 1A within the first 12 months of a tenancy.
- Giving too little detail of the ground and the facts relied on.
- Not checking deposit protection and prescribed information before serving notice.
- Not starting court proceedings before the notice expires.
How Our Panel Solicitors can Help with Section 8 Possession
Eviction Lawyers is a lead generation business. All legal work is carried out by our panel solicitors, who are authorised and regulated by the Solicitors Regulation Authority. They can help you:
- identify the correct ground or grounds for your situation and the evidence you will need;
- review your tenancy and compliance paperwork before a notice is served;
- draft and serve a Section 8 notice on Form 3A with the correct notice period;
- prepare and issue the possession claim;
- represent you at the possession hearing; and
- arrange enforcement if the tenant does not leave.
Fixed fees: Section 8 notice drafting from £100 + VAT. Court preparation and representation for uncontested cases from £1,500 + VAT. Court fees and disbursements are extra and are confirmed before you instruct.
Section 21 Eviction Legal Support – Fixed-Fee Packages Available
Need to regain possession of your property using Section 21? Our fixed-fee legal packages are tailored to help landlords navigate the no-fault eviction process with ease, speed, and confidence across England and Wales.
Whether you need help drafting the notice or full court representation, our solicitors are here to support you from start to finish.
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