Housing Law

Section 21 Abolished from 1 May 2026: What Every Tenant Needs to Know

The no-fault eviction notice is gone. From 1 May 2026, landlords can only evict using Section 8. Here is what changes, what stays the same, and what to do if you receive a notice now.

schedule 8 min read person Eugene Pienaar, Solicitor (non-practising)
LAW CHANGE -- 1 MAY 2026

Section 21 notices are abolished from 1 May 2026 under the Renters Rights Act 2025. This article states the law as at April 2026. Any Section 21 notice served after 1 May 2026 is invalid.

What Section 21 Was

Section 21 of the Housing Act 1988 allowed landlords to recover possession of a privately rented property without giving any reason -- a so-called no-fault eviction. The landlord simply served a notice requiring the tenant to leave after a specified period, and if the tenant did not leave, the landlord could apply to the court for a possession order. The process was relatively straightforward for landlords and provided tenants with very limited protection.

Section 21 was controversial for years before its abolition. It was used to evict tenants who complained about disrepair, tenants who had long-term security, and tenants whose rents landlords wanted to increase dramatically by removing existing tenants. The Renters Rights Act 2025 abolishes it entirely from 1 May 2026.

What Changes from 1 May 2026

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From 1 May 2026, landlords in England can no longer serve a Section 21 notice. Any Section 21 notice served on or after that date is invalid and has no legal effect. If a landlord serves one, you can simply ignore it. You cannot be evicted on the basis of a Section 21 notice served after the abolition date.

From 1 May 2026, landlords must use Section 8 of the Housing Act 1988 to seek possession. Section 8 requires the landlord to establish one or more of the grounds listed in Schedule 2 of the Act. This means they must have a reason -- rent arrears, breach of tenancy, anti-social behaviour, or another listed ground. They cannot simply decide they want their property back.

What If You Received a Section 21 Notice Before 1 May 2026

The Renters Rights Act 2025 includes transitional provisions covering Section 21 notices served before the abolition date. The details of these transitional provisions are important and you should check the current position carefully if you received a notice before 1 May 2026. Generally, a Section 21 notice served before the abolition date with a valid notice period may still be acted upon for a limited period after the abolition date, but this is subject to the transitional rules and has time limits.

If you received a Section 21 notice before 1 May 2026 and have not yet had a court hearing, check urgently whether it remains valid under the transitional provisions and when it expires. If the landlord has not issued court proceedings within the validity period, the notice lapses and they must start again -- using Section 8.

The New Section 8 Landscape

The abolition of Section 21 significantly strengthens tenant security. However, the Renters Rights Act 2025 also amends and expands the Section 8 grounds, adding new mandatory grounds that allow landlords to recover possession for genuine reasons such as wanting to sell the property or move in themselves. These new grounds come with mandatory notice periods and conditions.

Understanding Section 8 grounds and how to respond to them is now essential knowledge for all private tenants. When a Section 8 notice arrives, the immediate priorities are: identify which grounds are being relied upon, check whether the notice is valid on its face, calculate the notice period, and prepare your response.

What to Do If You Receive Any Eviction Notice Now

Whether you receive a Section 21 notice (if served before 1 May 2026) or a Section 8 notice, the first rule is the same: do not ignore it. The notice is the start of a legal process that takes weeks or months. You have time and you have rights. Read the notice carefully, check its validity, understand the grounds being alleged, and prepare your response. A tenant who engages with the process from the start is in a far stronger position than one who ignores notices and waits for bailiffs.

Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.