What changed on 1 May 2026 — Section 21 abolition
Section 21 of the Housing Act 1988 was abolished from 1 May 2026 when the relevant Renters' Rights Act 2025 provisions came into force. No new Section 21 notice can be served from that date. All existing ASTs converted automatically to periodic Assured Tenancies (APTs) from 1 May 2026 — fixed terms fell away; no new fixed-term ASTs can be granted. Section 21 was only available against ASTs; since no tenancy is an AST after 1 May 2026, Section 21 is permanently unavailable. Existing court proceedings issued before 1 May 2026 continue under the old rules.
- 1 May 2026 — Section 21 abolished; no new notices can be served
- All ASTs converted to periodic Assured Tenancies from 1 May 2026
- Possession claims already issued in court before 1 May 2026 continue under old rules
- Section 8 (post-RRA 2025 Form 3) is the only route for new possession claims from 1 May 2026
- Accelerated Possession Procedure (APR) discontinued — Section 8 cases require a hearing
Pre-commencement notices — validity requirements
A pre-commencement Section 21 notice can only be relied upon in the transitional period if it was fully valid when served. Every pre-condition must have been met: (1) Form 6A correctly completed; (2) minimum 2 months' notice from deemed service date; (3) deposit protected in approved scheme within 30 days of receipt with prescribed information served; (4) EPC provided to tenant at or before start of tenancy; (5) Gas Safety Certificate provided at start and annually thereafter; (6) How to Rent guide (correct version) provided to tenant; (7) no retaliatory eviction bar (Deregulation Act 2015 — no improvement notice served on property within preceding 6 months); (8) no Section 48 LTA 1987 bar. A single failure in any pre-condition invalidates the notice.
Strategic decision — proceed on pre-commencement notice or switch to Section 8
Landlords with pre-commencement Section 21 notices must decide: proceed within the transitional window (if the notice is valid) or switch to Section 8 grounds. If the notice is invalid, proceeding on it wastes court fees and time — switch to Section 8. If the notice is valid, issue proceedings as soon as possible within the transitional window. Key Section 8 grounds post-RRA 2025: Ground 8 (3+ months' arrears at notice AND at hearing — mandatory; 2 weeks' notice); Ground 8a (persistent arrears — 3+ episodes of 2+ months' arrears within 36 months — mandatory; 4 weeks' notice); Ground 14 (ASB — immediate; discretionary); Ground 1A (landlord intends to sell — 4 months' notice; discretionary).
- Issue proceedings within transitional window on valid pre-commencement notices — do not delay
- Invalid pre-commencement notice (any missing pre-condition) — switch to Section 8 immediately
- Ground 8 mandatory — 3+ months' arrears at notice and at hearing — 2 weeks' notice
- Ground 8a new mandatory — persistent arrears pattern over 36 months — 4 weeks' notice
- Ground 1A new discretionary — genuine intention to sell — 4 months' minimum notice
- Section 8 requires a hearing; APR is discontinued; budget for longer possession timeline