On 1 May 2026, Section 21 of the Housing Act 1988 is permanently abolished in England. No-fault eviction, the ability to recover your property without giving a reason, is gone. This is the single most significant change in the Renters' Rights Act 2025, and it affects every private landlord in England. If you are a landlord who has ever relied on Section 21 to recover a property, this guide tells you exactly what has changed, what replaces it, and what you need to do.
Section 21 abolition commenced on 1 May 2026. If you serve a Section 21 notice on or after that date, it is void. The court will strike it out. There is no grace period, no transitional exception for new notices.
What Section 21 was and why it was removed
Section 21 of the Housing Act 1988 allowed a landlord to recover possession of a property let on an Assured Shorthold Tenancy without proving any fault on the part of the tenant. The landlord served a notice (Form 6A) giving at least two months' notice, and at the end of that period could apply to the court for a possession order. The court had no discretion, if the notice was valid, possession was mandatory.
Section 21 was introduced in 1988 to encourage private investment in the rental sector by giving landlords confidence they could recover their property. For 38 years, it was the standard route to possession. But it was also widely criticised as enabling 'revenge evictions', landlords serving Section 21 notices in response to tenants who complained about disrepair or exercised their legal rights.
The Renters' Rights Act 2025 abolishes Section 21 as part of a broader package of reforms designed to give tenants greater security of tenure while preserving landlords' ability to recover their property on legitimate grounds.
What replaces Section 21, Section 8 with expanded grounds
Every possession claim from 1 May 2026 must use Section 8 of the Housing Act 1988. Section 8 requires the landlord to specify one or more grounds for possession. Some grounds are mandatory (the court must grant possession if proved) and some are discretionary (the court may grant possession if it considers it reasonable). The Renters' Rights Act 2025 significantly expands and strengthens the Section 8 grounds to compensate for the loss of Section 21.
The new and amended mandatory grounds
The following mandatory grounds are new or substantially amended from 1 May 2026. On a mandatory ground, the court must make a possession order if the ground is proved, there is no discretion.
| Ground | Description | Notice period | Minimum tenancy |
|---|---|---|---|
| Ground 1 | Landlord or family member intends to occupy as their only or principal home | 4 months | 12 months |
| Ground 1A (new) | Landlord intends to sell the property | 4 months | 12 months |
| Ground 2 | Mortgage lender exercising power of sale | 2 months | None |
| Ground 4A (new) | Student HMO, property required for the next academic year's intake | 4 months | None |
| Ground 5A (new) | Property required by a registered social landlord for social housing | 2 months | None |
| Ground 6 | Landlord intends to demolish or reconstruct the property | 4 months | None |
| Ground 6A (new) | Landlord intends to carry out major works that cannot be done with the tenant in situ | 4 months | None |
| Ground 7 | Death of the tenant, periodic tenancy devolved under will or intestacy | 2 months | None |
| Ground 8 | Serious rent arrears: at least 3 months' arrears at both service and hearing | 4 weeks | None |
| Ground 8A (new) | Persistent rent arrears: arrears on at least 3 occasions in preceding 3 years | 4 weeks | None |
The main discretionary grounds
On a discretionary ground, the court considers whether it is reasonable to grant possession. These grounds remain important for rent arrears below the Ground 8 threshold and for tenant conduct issues.
| Ground | Description | Notice period |
|---|---|---|
| Ground 10 | Rent arrears (some arrears at service and hearing, below Ground 8 threshold) | 2 weeks |
| Ground 11 | Persistent delay in paying rent | 2 weeks |
| Ground 12 | Breach of tenancy obligation (other than rent) | 2 weeks |
| Ground 13 | Waste or neglect causing deterioration of the property | 2 weeks |
| Ground 14 | Anti-social behaviour or nuisance | Immediate (no notice period required in serious cases) |
| Ground 14ZA (new) | Riot, tenant convicted of an offence related to a riot | 4 weeks |
| Ground 14A | Domestic abuse, partner has left due to violence by the tenant | 2 weeks |
| Ground 17 | Tenant made a false statement to induce the grant of the tenancy | 2 weeks |
The 31 July 2026 court deadline for existing Section 21 notices
If you served a valid Section 21 notice before 1 May 2026, that notice does not automatically become void on commencement day. However, you must have issued court proceedings (filed your possession claim) before the notice expires, and the transitional provisions impose a hard backstop.
The Renters' Rights Act 2025 provides that no court may make a possession order on a Section 21 notice if proceedings were not issued before 31 July 2026. This means: if you served a valid Section 21 before 1 May 2026, you have until 31 July 2026 to file your claim at court. After that date, the court will not entertain a Section 21-based claim, regardless of when the notice was served.
If you have a live Section 21 notice served before 1 May 2026 and you intend to rely on it, you must issue court proceedings before 31 July 2026. Miss that date and you will need to start again under Section 8, which means a new notice, a new notice period, and a new set of grounds.
Step-by-step: how to evict a tenant after 1 May 2026
The process below applies to every possession claim issued on or after 1 May 2026. It replaces the old Section 21 accelerated procedure.
- Identify your ground(s). Review the Section 8 grounds table above. You may rely on more than one ground in the same notice, this is common and often advisable (e.g. Ground 8 + Ground 10 for rent arrears, or Ground 1A + Ground 6 if you intend to sell after works).
- Check the minimum tenancy requirement. Grounds 1 and 1A require the tenancy to have been in existence for at least 12 months before the notice is served. If you are within the first 12 months, those grounds are not available.
- Serve Form 3A. The new prescribed Section 8 notice form is Form 3A (replacing Form 3). It must be served on the tenant specifying the ground(s) relied upon, the facts supporting each ground, and the notice period. Use the correct notice period for each ground (see tables above), if you rely on multiple grounds, the longest notice period applies.
- Wait for the notice period to expire. You cannot issue court proceedings until the notice period has expired. The notice period runs from the date of service, not the date of the notice.
- Attempt resolution. For rent arrears, the pre-action protocol requires you to contact the tenant, discuss repayment, and consider whether the arrears can be resolved without possession. Document every attempt. The court will check compliance with the protocol.
- Issue proceedings. File your possession claim at the county court. The current court fee is £355. You will need: the original Form 3A, proof of service, evidence supporting each ground (e.g. rent statements for arrears, estate agent valuation for Ground 1A), and compliance with the pre-action protocol.
- Attend the hearing. Unlike the old Section 21 accelerated procedure (which was paper-based), Section 8 claims typically require a hearing. You or your representative must attend. For mandatory grounds, the court must grant possession if the ground is proved. For discretionary grounds, the court considers reasonableness.
- Obtain and enforce the order. If the court grants a possession order, the tenant has 14 days (or up to 42 days in cases of exceptional hardship) to vacate. If the tenant does not leave, you apply for a warrant of possession and a bailiff enforces eviction.
Common mistakes to avoid
- Serving a Section 21 notice out of habit. Any Section 21 served on or after 1 May 2026 is void. The court will strike it out and you will have wasted months.
- Using the old Form 3. Form 3 is replaced by Form 3A from 1 May 2026. A notice on the wrong form is defective and the court may dismiss the claim.
- Ignoring the 12-month rule for Grounds 1 and 1A. You cannot use these grounds within the first 12 months of the tenancy. If you bought a property with a sitting tenant, the 12-month clock runs from the start of the existing tenancy, not from your purchase date.
- Failing to comply with the pre-action protocol. For rent arrears, the court expects evidence that you engaged with the tenant before issuing proceedings. No protocol compliance = risk of adjournment and costs.
- Missing the 31 July 2026 backstop. If you have a live Section 21 and don't issue proceedings before 31 July 2026, you lose the ability to rely on it, full stop.
What about Wales, Scotland and Northern Ireland?
Section 21 is an England-only provision. Wales operates under the Renting Homes (Wales) Act 2016 with its own notice regime (Sections 173 and 157). Scotland abolished no-fault eviction in 2017 under the Private Housing (Tenancies) (Scotland) Act 2016, using Notices to Leave with 18 statutory grounds. Northern Ireland uses Notices to Quit under the Private Tenancies Act (NI) 2022. If you let property outside England, check our jurisdiction-specific guides.
Our <a href='/tools/ground-picker'>Section 8 Ground Picker</a> walks you through each ground in plain English and tells you which apply to your situation, free, no account needed.
LetSafe products for post-Section 21 possession
| Product | What's inside | Price |
|---|---|---|
| Section 8 Notice Pack (LS-E-010) | Form 3A pre-filled for every ground, ground-by-ground guidance sheet, notice-period calculator, proof-of-service log | £19 |
| Ground 1A Landlord-Sale Notice (LS-E-008) | Single-ground Form 3A for landlord sale, estate agent valuation template, tenant communication letter | £19 |
| Pre-Action Rent Arrears Letters (LS-E-012) | Three-stage escalation letter set, pre-action protocol compliance checklist, payment plan template | £14.99 |
| Possession Recovery Bundle (LS-E-140) | Section 8 Notice Pack + Pre-Action Letters + court application guide + evidence bundle template + hearing preparation checklist | £79 |
The <a href='/shop/possession-recovery-bundle'>Possession Recovery Bundle</a> (£79) includes everything you need from first notice to court hearing, a 35% saving over buying each component separately.
Frequently asked questions
Can I still evict a tenant after Section 21 is abolished?
Yes. Section 21 abolition does not mean you cannot recover your property. It means you need a reason, one of the Section 8 grounds. If you want to sell (Ground 1A), move in (Ground 1), or the tenant is in serious arrears (Ground 8), you have a mandatory ground and the court must grant possession if proved. The route is different; the outcome is the same.
How long does a Section 8 possession claim take?
Timescales vary by court and ground. As a rough guide: 4 months' notice + 4-8 weeks for a hearing date + 14-42 days for the possession order to take effect = approximately 6-8 months from serving notice to recovering the property. For rent arrears (Ground 8 with 4 weeks' notice), the timeline is shorter, potentially 3-5 months. The government has committed to faster court processing for Section 8 claims to offset the loss of the Section 21 accelerated procedure.
What if my tenant just won't leave after the court order?
If the tenant does not vacate by the date in the possession order, you apply for a warrant of possession (Form N325, court fee currently £130). The county court bailiff will then attend the property and carry out the eviction. You must not attempt to remove the tenant yourself, that is unlawful eviction under the Protection from Eviction Act 1977 and carries criminal penalties.
I served a Section 21 in March 2026. Is it still valid?
A Section 21 notice validly served before 1 May 2026 remains valid, but you must issue court proceedings before 31 July 2026. If you do not file at court before that backstop date, the notice lapses and you will need to start again under Section 8 with a new Form 3A notice.
Do I need a solicitor for a Section 8 claim?
You are not legally required to use a solicitor. Many landlords handle Section 8 claims themselves, particularly on mandatory grounds where the court has no discretion. However, discretionary grounds (where the court considers 'reasonableness') are more complex and legal representation can improve your chances. Our Possession Recovery Bundle (£79) includes a court application guide and hearing preparation checklist designed for landlords acting without a solicitor.
What happens if I use the wrong form?
If you serve a Section 8 notice on Form 3 (the old form) instead of Form 3A (the new form) on or after 1 May 2026, the notice is defective. The court may dismiss your claim, and you will need to serve a fresh notice on Form 3A and wait out the notice period again. This could cost you 4-6 months. Always use the current prescribed form.