Section 21 is Abolished: Everything Tenants Need to Know

Section 21 of the Housing Act 1988 was a legal power that allowed landlords to evict tenants from assured shorthold tenancies without giving any reason. Known as a “no-fault eviction,” the landlord simply had to serve a notice giving at least two months' warning. If the tenant did not leave voluntarily, the landlord could apply to court for a possession order and the court had no discretion — if the notice was valid, possession was granted automatically.

The tenant did not need to have done anything wrong. There was no requirement for rent arrears, no anti-social behaviour, no breach of the tenancy agreement. The landlord simply wanted their property back, and that was enough. For over 30 years, this power made private renting in England deeply insecure. Tenants who complained about disrepair, asserted their legal rights, or became pregnant risked receiving a Section 21 notice in retaliation. Housing charities consistently found Section 21 to be one of the leading causes of homelessness in England.

The Renters' Rights Act 2025 abolished Section 21 with effect from 1 May 2026. It is now unlawful for a landlord to serve a Section 21 notice. Serving one after 30 April 2026 is a civil offence carrying a penalty of up to £7,000.

From 1 May 2026, all assured shorthold tenancies (ASTs) in England automatically converted to assured periodic tenancies. This happened automatically — you did not need to sign a new agreement or do anything. Your tenancy continues on the same terms except that it is now rolling with no end date.

If you were on a fixed-term tenancy that had not yet expired, the fixed-term clause became void. You cannot be held to a fixed-term end date after 1 May 2026. No new fixed-term tenancies can be created in the private rented sector from that date onwards.

Tenants can leave their periodic tenancy at any time by giving two months' written notice. Landlords can only end a tenancy by using Section 8 of the Housing Act 1988, which requires a specific legal ground.

The 12-month protection period means landlords cannot use the landlord-initiated grounds (such as Ground 1A — selling the property, or Ground 1 — moving in) during the first year of a tenancy.

All evictions must now use Section 8 of the Housing Act 1988, which requires the landlord to prove one of the specified legal grounds. The main grounds are:

• Ground 1Landlord or family member moving in.Requires 4 months' notice. Cannot be used in the first 12 months of a tenancy. A discretionary ground.
• Ground 1ALandlord selling the property.A new mandatory ground introduced by the Renters' Rights Act. Requires 4 months' notice. Cannot be used in the first 12 months of a tenancy.
• Ground 8Serious rent arrears.The threshold has increased from 2 months to 3 months of arrears. Requires 4 months' notice. Late Universal Credit payments are excluded from the arrears calculation.
• Ground 10/11Lesser rent arrears. Discretionary grounds for smaller rent arrears or persistent late payment.
• Ground 14Anti-social behaviour. Discretionary ground for nuisance, annoyance, or criminal activity.

For mandatory grounds (Ground 1A, Ground 8), the court must grant possession if the ground is proved. For discretionary grounds, the court can choose to grant or refuse possession depending on the circumstances.

It depends on when the notice was served. The rules are:

• Section 21 notices served after 30 April 2026 are invalid. Your landlord has committed a civil offence. You do not need to leave, and you should seek advice immediately.
• Section 21 notices served before 1 May 2026 were potentially valid at the time. However, if the landlord did not issue court proceedings by 31 July 2026, the notice is now void and you cannot be evicted on the basis of it.
• If court proceedings were already started before 31 July 2026 on a pre-abolition notice, the case can proceed to a hearing. You should check whether the original notice was valid — many were not due to landlord errors.

If you are unsure about a notice you have received, use our free Section 21 checker to assess whether it was valid.