From 1 May 2026, Section 21 of the Housing Act 1988 is permanently abolished. Private landlords in England can no longer serve a no-fault eviction notice. Any Section 21 notice served before that date but not yet enforced by a court order is extinguished at commencement, it has no legal effect after 1 May 2026.
1 May 2026, Section 21 is gone. No transition period for outstanding notices. You must use Section 8 for all possession claims from this date.
Why Section 21 is being abolished
The Renters' Rights Act 2025 was designed to improve security of tenure for renters. Section 21 allowed landlords to evict tenants without giving any reason, provided two months' written notice. Critics argued this created insecurity and was misused to evict tenants who complained about disrepair. The Act replaces it with a ground-based possession system requiring landlords to justify every possession claim.
What replaces Section 21? Section 8 grounds explained
All possession claims must now cite a statutory ground under Schedule 2 of the Housing Act 1988, as substantially amended by the Renters' Rights Act 2025. There are two types of ground:
- Mandatory grounds, the court must grant possession if the ground is proved. Examples: Ground 1A (landlord selling), Ground 8 (3+ months' rent arrears), Ground 7A (anti-social behaviour conviction).
- Discretionary grounds, the court weighs the circumstances and may refuse possession even if the ground is proved. Examples: Ground 10 (some rent arrears), Ground 11 (persistent late payment of rent), Ground 12 (breach of tenancy conditions).
- Mandatory grounds offer the most certainty. If you intend to sell, use Ground 1A (4 months' notice, mandatory). If rent is 3+ months in arrears on the hearing date, Ground 8 applies. For a pattern of repeated or persistent late payment, there is no mandatory ground; use the discretionary Ground 11.
New grounds introduced by the Renters' Rights Act 2025
| Ground | Reason | Notice period | Type |
|---|---|---|---|
| Ground 1A | Landlord intends to sell with vacant possession | 4 months | Mandatory |
| Ground 1B | Superior landlord requires vacant possession | 4 months | Mandatory |
| Ground 6A | Redevelopment required under planning obligation | 4 months | Mandatory |
Steps to take before serving a Section 8 notice
Use the free Section 8 Ground Picker to find the right ground for your situation before following the steps below.
- Identify the correct ground, check whether it is mandatory or discretionary and confirm the notice period.
- Use the 2026 prescribed Section 8 notice form (Form 3A). The old Form 3 is invalid for notices served after commencement.
- Serve notice correctly, in writing, by hand delivery or first-class post. Keep proof of service.
- Wait the full notice period before issuing court proceedings.
- File a claim in the County Court using the accelerated possession procedure (mandatory grounds) or standard possession order (discretionary).
Documents you need
- Section 8 Notice Pack (LS-E-010), the prescribed Form 3A with guidance notes for each ground.
- Possession Recovery Bundle (LS-E-140), Section 8 notice, court claim templates, witness statement framework, and post-order enforcement guide.
- Periodic Assured Tenancy Agreement (LS-E-001), if starting a new tenancy, you must use a PAT from 1 May 2026, not an AST.
Serving a Section 21 notice after 1 May 2026 is legally ineffective. Using an old form will not start the possession clock, you will need to start again with a valid Section 8 notice, losing months of time.