Section 21 notice UK: abolished from 1 May 2026 — what to use instead

What was Section 21 and why has it been abolished?

Section 21 (Housing Act 1988) allowed a landlord to serve a two-month notice requiring a tenant to leave at the end of a fixed-term tenancy or during a periodic tenancy, without giving any reason. It was frequently called a 'no-fault eviction' notice because the landlord did not need to prove any fault by the tenant. Critics argued it created severe insecurity for renters and was routinely misused to evict tenants who complained about disrepair or exercised their legal rights.

• The Renters' Rights Act 2025 permanently abolished Section 21 from 1 May 2026.
• Outstanding Section 21 notices unenforced at 1 May 2026 are void — even if validly served before commencement.
• The abolition applies to all private assured tenancies in England. Wales abolished no-fault evictions earlier under the Renting Homes (Wales) Act 2016.

What replaces Section 21? Section 8 explained

From 1 May 2026, all possession claims in England require a Section 8 notice citing one of the statutory grounds under Schedule 2 of the Housing Act 1988, as 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 8 (3 months' rent arrears), Ground 1A (landlord intends to sell), Ground 1 (landlord/family moving in), Ground 7A (serious ASB conviction).
• Discretionary grounds — the court weighs the circumstances and may refuse possession. Examples: Ground 10 (some rent arrears), Ground 14 (nuisance), Ground 12 (breach of tenancy).
• The most commonly used replacement for Section 21 in practice is Ground 1A (mandatory, landlord intends to sell, 4 months' notice) where the landlord wants the property back to sell, or Ground 1 (mandatory, landlord/family moving in, 4 months' notice).

Section 21 vs Section 8: the key differences

Understanding what has changed helps landlords plan possession claims correctly from 1 May 2026 onwards.

• Reason required. Section 21 — no reason needed. Section 8 — a statutory ground must be cited and proved.
• Notice period. Section 21 — 2 months. Section 8 — depends on ground: 4 weeks (rent arrears), up to 4 months (sale, moving in).
• Court involvement. Section 21 — could use accelerated possession procedure (no hearing). Section 8 — all claims now go to a hearing; accelerated procedure no longer available.
• Tenant challenge. Section 21 — limited tenant defences. Section 8 — tenant can challenge whether the ground is made out.
• Timeline. Section 21 — minimum 4–6 months. Section 8 mandatory grounds — minimum 3–7 months depending on ground.

Which Section 8 ground should I use instead of Section 21?

The right Section 8 ground depends on why you want possession. Use this as your starting point:

• Selling the property? Use Ground 1A (mandatory, 4 months' notice). Cannot be used in first 12 months of tenancy. Property cannot be re-let within 3 years.
• Moving in yourself or a family member? Use Ground 1 (mandatory, 4 months' notice). Cannot be used in first 12 months.
• Rent 3+ months in arrears? Use Ground 8 (mandatory, 4 weeks' notice) plus Grounds 10 and 11 as backup.
• Anti-social behaviour? Use Ground 14 (discretionary, no minimum notice) or Ground 7A (mandatory, no minimum, requires conviction/order).
• Tenancy breach? Use Ground 12 (discretionary, 4 weeks' notice).
• Use the free Section 8 Ground Picker tool to find the right ground for your situation.

How to serve a Section 8 notice (Form 3A)

From 1 May 2026, Section 8 notices must use Form 3A — the updated prescribed form. A notice that uses the old Form 3 or that omits required information may be invalid.

• Complete Form 3A with full tenant name(s), landlord name(s), and property address.
• Cite each ground by number and state the specific facts relied on in plain English.
• Calculate the correct earliest proceedings date from the service date (not the posting date).
• Serve by a method permitted in the tenancy agreement, or by first-class post / personal delivery.
• Retain proof of service — photograph at the door, Royal Mail proof of posting, or witness signature.
• Wait the full notice period before issuing a county court possession claim.

Frequently asked questions