Section 21 Abolished — What Landlords in England Need to Do

What is Section 21 and Why is it Being Abolished?

Section 21 of the Housing Act 1988 has been the primary eviction tool for landlords in England. It allowed landlords to regain possession of an Assured Shorthold Tenancy (AST) without providing a reason — the "no-fault eviction." After serving notice and the prescribed period, a landlord could apply to court and, almost automatically, obtain a possession order.

The Renters' Rights Act 2025 (which received Royal Assent on 27 October 2025) abolishes Section 21 from 1 May 2026. The government's policy rationale: no-fault evictions have contributed to housing insecurity for renters. Under the new framework, landlords can only evict for cause, using specified grounds in Section 8 of the Housing Act 1988.

This is a fundamental shift. It means landlords must now have a legitimate reason to evict — whether rent arrears, anti-social behaviour, breach of tenancy terms, or other defined grounds — rather than simply deciding not to renew at the end of a fixed term.

Key Transition Dates

What Replaces Section 21? Overview of Section 8 Grounds

Section 8 of the Housing Act 1988 provides the only legal route to possession from 1 May 2026. The Renters' Rights Act 2025 expands Section 8 from 17 grounds to 37 grounds for possession, covering a much broader range of circumstances.

These 37 grounds fall into two categories:

Key New Section 8 Grounds

The Renters' Rights Act 2025 introduces new grounds for possession: Ground 1A (sale with buyer occupation), Ground 5A (end of tied accommodation), Ground 7A (severe anti-social behaviour with no notice required), Ground 8A (persistent rent arrears). Existing grounds like Ground 8 (serious rent arrears of 3+ months) and Ground 14 (nuisance/ASB) remain available.

For a comprehensive reference covering all 37 grounds, notice periods, evidence requirements, and protected period restrictions, see our Section 8 Grounds 2026 guide. The SunClause toolkit provides decision flowcharts and templates for applying each ground.

The 12-Month Protected Period

A major protection for tenants in the Renters' Rights Act 2025 is the 12-month "protected period" for new tenancies. For the first 12 months of a tenancy created from 1 May 2026 onwards, landlords can only evict using certain "protected grounds":

Important limitation: The 12-month protection applies only to new tenancies created from 1 May 2026. If a tenant has an existing AST before 1 May that converts to periodic from 1 May, the protected period does NOT apply. The "12-month clock" starts only for tenancies created after the transition date.

What Happens to Section 21 Notices Already Served?

If you have already served a valid Section 21 notice before 1 May 2026, you may continue with possession proceedings, but you must start court proceedings by 31 July 2026. If you miss this deadline, your claim is time-barred and you will lose the right to evict under that notice.

Critical rule: Any Section 21 notice served on or after 1 May 2026 is void and will not be enforceable in any court. You cannot use it, and you cannot serve a fresh Section 21 after that date.

Transitional Arrangement for Existing Tenancies

When an existing fixed-term AST expires at or after 1 May 2026 (and you have not served a valid Section 21), the tenancy automatically converts to a periodic tenancy on the same terms. You then have full use of Section 8 grounds for that periodic tenancy, except that the 12-month protected period does not apply (because the tenancy predates 1 May 2026).

Transitional Planning: What Landlords Should Do Now

Now that Phase 1 is in effect, audit your portfolio immediately for any existing Section 21 notices (court proceedings must be started by 31 July 2026). For all other tenancies, assess whether you have grounds for Section 8 eviction, and begin documenting evidence (arrears, incidents, breaches). All new evictions must use Section 8 with the correct ground, proper notice period, and supporting evidence.

The toolkit provides evidence checklists for each ground, Form 3A templates for the most common scenarios, and a protected period decision flowchart to help you identify available grounds for each tenancy.

Impact on Portfolio Landlords and HMOs

Portfolio landlords managing multiple properties: The abolition of Section 21 significantly restricts your options for managing portfolio churn. You can no longer rely on a "no-fault" refresh cycle at the end of each tenancy term. Plan carefully for tenancies that you currently manage with periodic Section 21s. Consider whether you have defensible grounds for any exits you are planning.

Houses in Multiple Occupation (HMOs): HMO management under Section 8 may be more complex because you may have multiple room tenants or sharers. Evidence of ASB, breach, or arrears must be clearly documented per-tenant. The protected period applies to HMO tenancies just as it does to other ASTs.

Key Mistakes to Avoid

Do not serve Section 21 after 30 April 2026 (void and unenforceable). Do not use the wrong Section 8 ground (check the protected period rules for new tenancies). Do not serve insufficient notice (each ground has specific notice periods). Do not skip evidence-gathering and record-keeping (the court will scrutinize your documentation).

Start by downloading Form 3A from GOV.UK and familiarizing yourself with the 37 Section 8 grounds. Set up an incident logging system for all properties, compile financial records for existing tenants, and create templates for the grounds most likely to apply to your portfolio. If you have complex situations, seek advice from a letting agent or solicitor.

Not Legal Advice

This guide is for information and guidance only and does not constitute legal advice. Landlord obligations vary by individual circumstance, tenancy type, and specific facts. Before serving formal notices or commencing court proceedings, especially in complex situations, consult a solicitor or qualified letting agent for advice tailored to your circumstances.