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Section 21 Notice: Abolished in England From May 2026

By Recording Law Editorial Team10 min read
Section 21 Notice: Abolished in England From May 2026

Frequently Asked Questions

What is a Section 21 notice?

A Section 21 notice was the no-fault eviction notice under the Housing Act 1988 that let a landlord in England end an assured shorthold tenancy without giving any reason. It was abolished for the private rented sector on 1 May 2026.

Can a landlord still serve a Section 21 notice in England?

No. Since 1 May 2026, Section 21 no-fault eviction notices can no longer be served in England's private rented sector. A landlord must serve a Section 8 notice and prove a valid ground instead.

What replaced Section 21?

Section 8 of the Housing Act 1988, as reformed by the Renters' Rights Act 2025, replaced Section 21. A landlord must now rely on a specific ground, such as selling the property or serious rent arrears, and prove it to the County Court.

How much notice does a landlord have to give now?

It depends on the ground. Ground 1 and Ground 1A (landlord moving in or selling) require 4 months' notice. Ground 8 (serious rent arrears) requires 4 weeks' notice once arrears reach 3 months. Other grounds carry their own notice periods.

Is there still a protected period at the start of a tenancy?

Yes. A landlord cannot use Ground 1 or Ground 1A to evict a tenant during the first 12 months of a tenancy, giving new tenants a period of guaranteed security before those grounds can apply.

Does Section 21 abolition apply in Wales, Scotland or Northern Ireland?

No. It applies to England only. Wales still allows a no-fault Section 173 notice with 6 months' notice, Scotland never had a no-fault ground, and Northern Ireland uses a Notice to Quit with no statutory ground needed.

What happens to a Section 21 notice served before 1 May 2026?

Transitional rules applied around the change, so a notice validly served before abolition may still have been able to proceed under the rules in force at the time. No new Section 21 notices can be served now. Seek advice if you received a notice close to that date.

What should I do if I get a Section 8 notice?

Check which ground the landlord has relied on and whether the correct notice period, and any protected period, has been followed, since requirements differ by ground. Citizens Advice, Shelter, or a solicitor can help you check whether the notice is valid before deciding what to do.

Updates

Section 21 no-fault eviction notices were abolished for the private rented sector in England under the Renters' Rights Act 2025. All assured shorthold tenancies converted to periodic assured tenancies, and landlords must now rely on a Section 8 ground to evict a tenant.

Sources and References

  1. Renters' Rights Act 2025(legislation.gov.uk).gov
  2. Housing Act 1988, section 21 (assured shorthold tenancies: recovery of possession)(legislation.gov.uk).gov
  3. gov.uk: Guide to the Renters' Rights Act(gov.uk).gov
  4. gov.uk: Giving notice of possession to tenants before 1 May 2026(gov.uk).gov
  5. Shelter: Section 21 no-fault eviction notices(shelter.org.uk)
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