Last reviewed: 1 May 2026
Section 21 Abolished: Your Complete Guide to the Renters' Rights Act 2025
On 1 May 2026, the Renters' Rights Act 2025 finally delivered on a promise made to English tenants in 2019: Section 21 — the no-fault eviction power — is abolished. For the first time in over three decades, private tenants in England cannot be evicted simply because their landlord wants them out. Every eviction now requires a specific legal reason. This is the most significant change to housing law in England in a generation, and understanding it is essential for every tenant.
What Was Section 21 and Why Was It Abolished?
Section 21 of the Housing Act 1988 allowed landlords to end an assured shorthold tenancy without giving any reason. The landlord served a notice (giving at least two months' warning), and if the tenant did not leave voluntarily, applied to court. The court had no discretion — if the notice was valid, possession was granted automatically. There was no need for rent arrears, anti-social behaviour, or any other fault on the tenant's part.
This power made private renting in England deeply insecure. Tenants reported living in fear of raising repair complaints or exercising their legal rights in case their landlord retaliated with a Section 21 notice. Housing charities consistently identified Section 21 as one of the leading drivers of homelessness. The government committed to abolition in 2019 under the Renters (Reform) Bill, but the legislation stalled. The Renters' Rights Act 2025, introduced after the 2024 general election, finally delivered it.
What Changed on 1 May 2026
From 1 May 2026, several changes took effect simultaneously:
- Section 21 is repealed. Serving a Section 21 notice after 30 April 2026 is a civil offence punishable by a fine of up to £7,000.
- All assured shorthold tenancies converted to assured periodic tenancies. Every AST, including existing fixed-term tenancies, automatically became a rolling periodic tenancy with no end date. Fixed-term clauses became void.
- No new fixed-term tenancies can be created. Landlords cannot offer fixed terms going forward. All new tenancies must be periodic from the outset.
- All evictions must use Section 8. Every possession claim must now cite a specific legal ground under Schedule 2 to the Housing Act 1988.
The Transition Rules: What About Pre-Abolition Notices?
Landlords who served a valid Section 21 notice before 1 May 2026 were given a grace period. The rules were:
- If the notice was served before 1 May 2026 and met all the technical requirements at the time, it remained potentially valid.
- The landlord had to issue court proceedings (file the possession claim) by 31 July 2026. Missing that deadline meant the notice became void and could not be relied upon.
- Cases where proceedings were already underway before 1 May 2026 could continue to judgment under the old rules.
If you received a Section 21 notice before May 2026 and your landlord has not yet started court proceedings, the notice is now void. You cannot be evicted under it.
What Replaces Section 21: The Section 8 Grounds
All evictions must now use Section 8 of the Housing Act 1988. The Renters' Rights Act introduced important new grounds while reforming existing ones:
- Ground 1 (Landlord moving in): The landlord or a family member requires the property as their principal home. Four months' notice required. Cannot be used in the first 12 months of a tenancy. Mandatory ground.
- Ground 1A (Landlord selling): A new ground. The landlord intends to sell the property. Four months' notice required. Cannot be used in the first 12 months. Mandatory ground.
- Ground 4A (Student HMO): For purpose-built student accommodation, allowing landlords to regain possession for the next academic cycle.
- Ground 8 (Serious rent arrears): The mandatory arrears threshold has increased from 2 months to 3 months, with 4 months' notice required. Late Universal Credit payments are excluded from the arrears calculation.
- Ground 14 (Anti-social behaviour): Nuisance, annoyance, or criminal activity. No notice period required; proceedings can start immediately.
For mandatory grounds, the court must grant possession if the ground is proved. For discretionary grounds, the court weighs up the circumstances and may decline to grant possession even if the ground is technically made out.
The 12-Month Protection Period
Every new tenancy carries a 12-month protection period during which landlords cannot use the landlord-initiated grounds — Ground 1 (moving in) and Ground 1A (selling). This gives tenants at least a year of security in any new property. The clock starts from the tenancy start date, not from 1 May 2026.
What Did Not Change
The abolition of Section 21 does not mean tenants can never be evicted. Landlords still have clear routes to possession when they have a genuine reason:
- Serious rent arrears (three months or more) remain a mandatory ground.
- Anti-social behaviour remains available and can be fast-tracked.
- Landlords wanting to sell or move back in have dedicated grounds.
- Breach of tenancy conditions remains available as a discretionary ground.
Deposit protection rules remain unchanged. Landlords must still protect deposits within 30 days in an authorised scheme (DPS, TDS, or mydeposits) and provide prescribed information. The difference is that an unprotected deposit now blocks all Section 8 grounds except Grounds 7A and 14, not just Section 21.
What Tenants Should Do Now
If you are a private tenant in England, you now have significantly stronger legal protections. Here is what you should be aware of:
- Any notice you receive must be a Section 8 notice. Section 21 notices are void. If your landlord tries to use one, they have committed an offence.
- Check Section 8 notices carefully. The notice must use the correct form, cite a valid ground, and give the correct notice period. Many landlords get these details wrong, and an invalid notice is not enforceable.
- You cannot be locked into a fixed term. If you were told your tenancy is fixed until a future date, that is no longer legally enforceable after 1 May 2026.
- Your deposit must be protected. If it is not, your landlord cannot evict you (other than for the most serious grounds) and you may be entitled to compensation of up to 3 times the deposit amount.
For free advice, contact Shelter on 0808 800 4444, Citizens Advice, or use Case Buddy to understand your rights and options.
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