The abolition of Section 21 is the single most significant change to the English private rented sector since the Housing Act 1988 created the original 'no fault' mechanism. It was the central commitment of the Renters' Rights Act 2025, which received Royal Assent in October 2024 and commenced Phase 1 on 1 May 2026.
Many landlords who have rented properties under ASTs for decades have never needed to use Section 8 — they relied on Section 21 to recover possession whenever they needed the property back. That option is gone. This page explains what the abolition actually means in practice, what landlords can do instead, and the steps you need to take to protect your position.
What Section 21 was — and why it mattered
Section 21 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. Provided the landlord served the prescribed notice and complied with certain basic requirements (EPC, gas safety cert, deposit protection), the court had no discretion — it had to grant possession. The ground was simply 'this is my property and I want it back'.
- No need to prove the tenant had done anything wrong
- No need to give a specific reason for wanting possession
- Widely used for genuine reasons: selling the property, moving back in, or ending a tenancy that had simply run its course
- Also used — and the source of controversy — to evict tenants who complained about disrepair or exercised their legal rights
What changed on 1 May 2026
On 1 May 2026, the following happened automatically under the Renters' Rights Act 2025:
- Section 21 of the Housing Act 1988 was repealed — it no longer exists
- Every existing Assured Shorthold Tenancy automatically converted to a Periodic Assured Tenancy (PAT). The fixed-term clause fell away
- New lettings must be on a PAT from day one — there is no longer a 'fixed-term AST'
- All future possession claims by landlords must rely on a specific statutory ground under Section 8 and Schedule 2 of the Housing Act 1988 (as amended)
What landlords can do instead: Section 8 grounds
Section 8 existed before 1 May 2026 but was rarely used because Section 21 was simpler. The Renters' Rights Act 2025 significantly expanded the list of grounds and adjusted notice periods. The main grounds available to landlords now are:
- Ground 1 (mandatory) — landlord or close family moving in: The property will be the landlord's (or a specified family member's) only or principal home. Requires 4 months' notice and a minimum 12-month tenancy. The tenant must have been given advance notice of this ground at the start of the tenancy
- Ground 1A (mandatory) — landlord selling with vacant possession: New ground from 1 May 2026. Landlord intends to sell the property. Requires 4 months' notice and a minimum 12-month tenancy. No advance notice at tenancy start is required
- Ground 6 (mandatory) — redevelopment: The landlord (or a mortgagee) intends to demolish, reconstruct or carry out substantial works that cannot be done with the tenant in occupation
- Ground 8 (mandatory) — serious rent arrears: At least 3 months' rent is owing at the date the notice is served and at the hearing date. 4 weeks' notice required
- Ground 14 (discretionary) — anti-social behaviour: The tenant or an occupier has been guilty of conduct causing nuisance to neighbours. Court proceedings can begin on the day the notice is served
- Ground 7A (mandatory) — serious criminal conviction: The tenant has been convicted of a serious housing-related offence. 2 weeks' notice required
Key differences between Section 21 and Section 8
Landlords accustomed to Section 21 need to understand how Section 8 works differently:
- You must state facts, not just tick a box: the Section 8 notice must describe the specific facts supporting each ground (e.g. exact rent arrears figure and period)
- Mandatory grounds still go to court: even if the ground is mandatory, you must obtain a court order — you cannot simply wait for the notice to expire and remove the tenant
- Discretionary grounds require the court to consider reasonableness: the court may refuse possession even if the ground is technically made out
- Notice periods are longer for the most-used grounds: Ground 1A (selling) and Ground 1 (moving in) both require 4 months' notice, not 2 months as under the old Section 21
- Compliance is more strictly scrutinised: deposit, EPC, gas safety, EICR and the How to Rent guide must all be in order before a Section 8 claim will succeed
Practical steps for landlords right now
Even if you have no immediate intention to recover possession, the abolition of Section 21 changes how you should manage your tenancy from today:
- Review your compliance: deposit protection with prescribed information, valid EPC (E rating minimum), annual gas safety certificate, 5-yearly EICR, How to Rent guide served at the correct time
- Serve the Renters' Rights Act Information Sheet: all existing tenants must have received the new statutory Information Sheet by 31 May 2026 — if you have not done this, do it today
- Document your tenancy proactively: keep rent statements, maintenance records, communications and inspection reports — these will be crucial if you ever need to rely on Section 8
- Understand which grounds you might need: if you might want to sell within the next 12 months, familiarise yourself with Ground 1A now; if rent arrears are a risk, understand the Ground 8 threshold
- Prepare a compliant Section 8 notice pack: having the correct Form 3 ready, with your property details and tenancy date, means you can act quickly if needed
What about Section 21 notices served before 1 May 2026?
The transitional position is:
- Any Section 21 notice served before 1 May 2026 that is still within its validity period (12 months from service) can still be relied upon in court proceedings
- Court proceedings must have been started before or shortly after 1 May 2026 for pre-commencement notices to remain effective — check the specific rules with a housing solicitor
- If the notice expired before court proceedings were issued, it cannot be used and a fresh notice (now under Section 8 only) is required
- Do not assume a pre-commencement Section 21 saves you — verify its current validity
Selling a property with a sitting tenant — new options
One of the most common uses of Section 21 was enabling landlords to sell with vacant possession. Ground 1A provides an equivalent route but with important conditions:
- You must intend to sell with vacant possession — not simply sell the property with the tenant in situ
- The tenancy must have been running for at least 12 months before you can serve the Ground 1A notice
- 4 months' notice is required
- If you serve a Ground 1A notice, you must not relet the property for at least 3 months after gaining possession — a restriction designed to prevent abuse
- Consider timing: if your tenant has only been in for 6 months and you decide to sell, you will need to wait another 6 months before serving Ground 1A notice, then wait the 4-month notice period
Frequently asked questions
Is Section 21 really abolished or just suspended?+
It is abolished — not suspended. Section 21 was repealed by the Renters' Rights Act 2025 with effect from 1 May 2026. It cannot be reinstated without fresh primary legislation. There is no planned reinstatement date. Any landlord or agent telling you otherwise is mistaken.
Can I still recover my property without a reason after 1 May 2026?+
No. From 1 May 2026 you must cite a statutory ground under Section 8 and prove it to the court's satisfaction. There is no mechanism to recover possession without a reason. Ground 1A (landlord intends to sell) is the closest equivalent to the old Section 21, but it requires a minimum 12-month tenancy and 4 months' notice.
What happens if I accidentally serve a Section 21 notice after 1 May 2026?+
It has no legal effect. The tenant can treat it as worthless. If you rely on it in court proceedings, the claim will be struck out. You will need to serve a valid Section 8 notice on an appropriate ground and begin again.
Does Section 21 abolition apply to properties rented before 1 May 2026?+
Yes. The abolition applies to all private residential tenancies in England from 1 May 2026 — there is no grandfather clause for pre-existing tenancies. Any AST in force on 1 May 2026 automatically became a Periodic Assured Tenancy, and Section 21 cannot be used for them regardless of when the tenancy started.
How long does it take to get possession through Section 8 now?+
It depends on the ground. For Ground 8 (serious rent arrears), you serve 4 weeks' notice, then file a claim. If using the Accelerated Possession procedure on a mandatory ground, the court may deal with it on the papers without a hearing in 6–10 weeks. For contested cases or discretionary grounds, a hearing may be required, adding time. A realistic minimum for an uncontested mandatory ground claim is around 3–4 months from the date of the notice to the date of possession.