Section 21 abolition — 1 May 2026
The biggest change to tenant rights in 30 years. Check if your eviction notice is still valid.
Last reviewed: 6 April 2026 | Based on law in force as of: 6 April 2026
Eviction Rights: Before and After 1 May 2026
Key Takeaways
- •Section 21 "no-fault" eviction is abolished from 1 May 2026 under the Renters' Rights Act 2025.
- •From 1 May 2026, all evictions must use Section 8, requiring the landlord to prove a specific legal ground.
- •New Section 8 grounds include Ground 1A (landlord selling) and Ground 4A (student HMO), both with a 12-month protection period.
- •Mandatory rent arrears (Ground 8) now requires 3 months' arrears and 4 months' notice, with Universal Credit delays excluded.
- •Section 21 notices served before 1 May 2026 are only valid if court proceedings are started by 31 July 2026.
Contents
Key Points
- ✓Section 21 "no-fault" eviction is abolished from 1 May 2026 under the Renters' Rights Act 2025.
- ✓From 1 May 2026, all evictions must use Section 8, requiring the landlord to prove a specific legal ground.
- ✓New Section 8 grounds include Ground 1A (landlord selling) and Ground 4A (student HMO), both with a 12-month protection period.
- ✓Mandatory rent arrears (Ground 8) now requires 3 months' arrears and 4 months' notice, with Universal Credit delays excluded.
- ✓Section 21 notices served before 1 May 2026 are only valid if court proceedings are started by 31 July 2026.
Before 1 May 2026: Section 21 Still Valid
Until 30 April 2026, Section 21 "no-fault" eviction notices remain valid. A landlord can serve a Section 21 notice giving at least 2 months' written notice without providing a reason, provided they have complied with all procedural requirements:
- Deposit protection: The deposit must be protected in a government-approved scheme (DPS, TDS, or mydeposits) within 30 days, and prescribed information must be provided.
- Certificates and documents: A valid EPC, gas safety certificate, and the government "How to Rent" guide must have been provided (for tenancies starting after 1 October 2015).
- Correct form: The notice must use Form 6A and give at least 2 months' written notice.
- Timing: Cannot be served in the first 4 months of the tenancy.
If any requirement is not met, the notice is invalid. You can challenge it in court, and the court should refuse a possession order. If the deposit was not protected, you can claim 1–3 times the deposit in compensation.
Use our Eviction Rights Checker to assess your situation.
After 1 May 2026: Section 21 Abolished
From 1 May 2026, the Renters' Rights Act 2025 abolishes Section 21 entirely. Landlords can no longer serve no-fault eviction notices. Serving a Section 21 notice after 30 April 2026 is a breach punishable by a civil penalty of up to £7,000.
All evictions must now use Section 8 of the Housing Act 1988, which requires the landlord to prove a specific legal ground. Key changes under the new framework:
- New Ground 1A (landlord selling): Allows possession if the landlord intends to sell. Requires 4 months' notice. Cannot be used in the first 12 months of the tenancy. The landlord must prove genuine intent, log sales activity on the PRS Database, and cannot re-let the property for 12 months if it does not sell.
- New Ground 4A (student HMO): Applies to HMOs where the tenant is in full-time education. The landlord must have informed the tenant before the tenancy began. Notice must expire between 1 June and 30 September.
- Expanded Ground 1 (landlord/family occupation): Extended to wider family members. No requirement that the landlord previously lived there. No prior-notice requirement. 4 months' notice. Cannot be used in the first 12 months.
- Updated Ground 8 (rent arrears): The mandatory threshold increases from 2 months to 3 months' arrears. Notice period increases to 4 months. Late Universal Credit payments are excluded from the arrears calculation.
- 12-month protection period: Grounds 1, 1A, and certain other possession grounds cannot be used within the first 12 months of a tenancy.
All tenancies automatically become periodic from 1 May 2026. No new fixed-term tenancies can be created. Tenants can leave with 2 months' notice at any time.
Transition: Section 21 Notices Served Before 1 May
If a Section 21 notice was served before 1 May 2026, the following transitional rules apply:
- Court proceedings by 31 July 2026: A Section 21 notice served before 1 May 2026 can only be used if the landlord starts court proceedings by 31 July 2026.
- After 31 July 2026: All outstanding Section 21 notices become void, regardless of when they were served. The landlord must start fresh using Section 8 grounds.
- Validity still matters: Even during the transition period, the notice must meet all original validity requirements (deposit protection, correct form, EPC, gas safety, etc.). An invalid Section 21 notice cannot be enforced during the transition.
If you received a Section 21 notice before 1 May 2026 and the landlord has not yet applied to court, check whether the 31 July deadline has passed. If it has, the notice is void and you cannot be evicted under it.
What to Do If You Receive an Eviction Notice
Whether you receive a notice before or after 1 May 2026, these practical steps apply:
- Do not panic or leave immediately: A notice is not an eviction. You have time, and the landlord must obtain a court order before they can remove you. Changing the locks or removing your belongings without a court order is illegal.
- Check the notice is valid: Use our Eviction Rights Checker or seek advice from Citizens Advice, Shelter, or a housing solicitor. Many requirements are technical and landlords frequently get them wrong.
- Check your deposit is protected: Search the DPS, TDS, and mydeposits websites. If the deposit is unprotected, the landlord cannot serve a valid Section 8 notice (except for Grounds 7A and 14) and you may be entitled to compensation.
- Seek advice early: Housing law is complex. Free advice is available from Citizens Advice, Shelter, and local law centres. If you are on a low income, you may qualify for legal aid for housing possession cases.
- Continue paying rent: Non-payment of rent weakens your position and could give the landlord a separate ground for possession.
- Apply to the council for housing help: If you may become homeless, contact your local council's housing team. Under the Homelessness Reduction Act 2017, the council has a duty to help you find alternative accommodation.
Disclaimer
This guide provides general legal information about UK law and is not legal advice. Laws and regulations change, and individual circumstances vary significantly. For advice specific to your situation, you should consult a qualified solicitor.
Case Buddy provides AI-powered legal information to help you understand your rights — it is not a substitute for professional legal advice.
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