Section 21 Notice to Quit (Abolished 1 May 2026)
What changed under the Renters’ Rights Act 2025
Section 21 abolished. Fixed-term assured tenancies abolished. Ground 8 threshold raised to 3 months. Information Sheet required for every tenancy by 31 May 2026. Read the full guide.
Section 21 of the Housing Act 1988 — the “no-fault” eviction route that defined the assured shorthold tenancy regime — was abolished by the Renters’ Rights Act 2025. From 1 May 2026, no new Section 21 notice can be served. Notices served before that date remain valid for a strictly limited transitional period. This page explains where landlords stand now: what Section 21 was, what has replaced it, what to do with notices already served, and how to recover possession from this point forward.
Section 21 in summary
From its introduction in 1988 until 30 April 2026, Section 21 of the Housing Act 1988 allowed a landlord of an assured shorthold tenancy to recover possession of their property at the end of the fixed term — or after a contractual periodic tenancy had begun — by giving the tenant at least two months’ written notice. No reason had to be given. Provided the procedural requirements were met (deposit protection, gas safety, EPC, How to Rent guide, valid notice form), the landlord could obtain a possession order through the accelerated procedure without a court hearing.
The Renters’ Rights Act 2025 ends this. From 1 May 2026 a Section 21 notice cannot be served, and the accelerated possession procedure is retired. Every residential possession claim now requires a court hearing under Section 8 — see our Section 8 guide.
Transitional rules: notices served before 1 May 2026
If you served a valid Section 21 notice before 1 May 2026, the notice itself remains effective. However, you must issue possession proceedings at court within a strict transitional window. The deadline is the earlier of:
-
Six months from the date of the Section 21 notice; or
-
31 July 2026 — the absolute backstop, regardless of when the notice was served.
If proceedings are not issued by the relevant deadline, the notice lapses and is unenforceable. The landlord must start again under Section 8.
The accelerated possession procedure remains available for these transitional claims, so a hearing is not required if the claim is otherwise straightforward and the tenant does not file a defence. From 1 May, claims founded on Section 8 grounds always require a hearing.
What replaces Section 21
The only route to possession of an assured periodic tenancy is now Section 8 of the Housing Act 1988, supported by one or more of the 37 statutory grounds in the revised Schedule 2. The list expands considerably from the previous 17 grounds. Some highlights for landlords coming from the Section 21 world:
-
Ground 1 — landlord or close family member intends to occupy. Now extends beyond spouse and civil partner to parents, grandparents, siblings, children, and grandchildren. Cannot be used in the first 12 months of a tenancy. Notice period: four months.
-
Ground 1A (new) — landlord intends to sell. Cannot be used in the first 12 months. Notice period: four months. Property cannot be re-let or marketed for re-letting for 12 months from the date specified in the notice.
-
Ground 8 (rent arrears, mandatory) — threshold raised from two to three months’ arrears, with a four-week notice period (up from two weeks). Universal Credit housing element delays are excluded from the calculation.
-
Grounds 10 and 11 — discretionary rent arrears grounds remain available alongside Ground 8.
-
Grounds 12 to 17 — discretionary grounds covering breach, anti-social behaviour, deterioration, and false statement remain available.
For the complete list and the practical mechanics of serving Section 8 notices, see our Section 8 guide. For specific guidance on rent-arrears possession, see how to evict a tenant for non-payment.
Practical implications for landlords
-
Possession is no longer a passive right. Under Section 21 the landlord could recover possession simply because they wanted to. Under Section 8, the landlord must establish a ground — supported by evidence — and persuade a court.
-
Documentation is everything. Rent ledgers, deposit-protection records, gas safety records, EPC, How to Rent guide, EICR, and tenant correspondence must all be in order before service of any notice. Procedural failures that defeated Section 21 claims continue to defeat Section 8 claims under several grounds.
-
Timing is more constrained. Most landlord-side Section 8 grounds require four months’ notice — twice the old Section 21 default. Plan possession needs further ahead than under the old regime.
-
The 12-month protected period matters. Grounds 1 and 1A — the closest functional analogues to Section 21 — cannot be used in the first 12 months. Grant a tenancy in October 2026 and you cannot move family in or sell with vacant possession until October 2027 at the earliest.
-
Court hearings are mandatory. The accelerated procedure that supported Section 21 is gone. Every Section 8 claim, regardless of how clear-cut, will need a hearing.
Common questions about Section 21
I served a Section 21 notice on 1 March 2026. What is my deadline?
Six months from 1 March 2026 is 1 September 2026. The 31 July 2026 backstop is earlier. Your deadline to issue proceedings is therefore 31 July 2026.
I served a Section 21 notice in February 2026. Same deadline?
Six months from February 2026 is August 2026 — but again the 31 July 2026 backstop is earlier. So yes, 31 July 2026.
My tenant agreed to leave but hasn’t gone. The Section 21 notice expired last month. Can I rely on it?
If the notice was validly served and proceedings are issued before the deadline, yes. The two-month notice period must have expired before proceedings are issued, and the deadline calculation runs from the date the notice was served, not the date it expired.
Can I serve Section 21 and Section 8 together?
Before 1 May 2026, yes. Many landlords routinely served both — Section 21 as a “no-questions” backstop, Section 8 if there were arrears. After 1 May 2026 a Section 21 notice cannot be served, so the dual-notice strategy is over. Section 8 must stand on its own merits.
My letting agent is suggesting I serve Section 21 now “to lock it in”. Is that wise?
Only if you genuinely intend to recover possession in the next three months. A speculative Section 21 notice issued purely to preserve optionality is rarely a good idea — once served, it strains the landlord-tenant relationship, and the proceedings deadline (the earlier of 6 months from notice or 31 July 2026) is tight. If you do not have grounds to recover possession imminently, your better answer is to plan for Section 8 from May onwards.