Section 21 is abolished: the position in 2026
Section 21 'no-fault' evictions are abolished in England. The Renters' Rights Act 2025 removed a landlord's power to end your tenancy without a reason, and the change took effect on 1 May 2026. Evictions now run through Section 8 of the Housing Act 1988: the landlord must prove a legal ground, with notice periods from 4 weeks to 4 months depending on the ground. If you're holding a Section 21 notice, in almost every case it can no longer be used against you. This guide covers exactly where you stand.
2026 update - Renters' Rights Act 2025: The biggest change to renting in a generation is now law. The Renters' Rights Act 2025 abolishes Section 21 'no-fault' evictions, so a landlord can no longer evict you without giving a valid legal reason. All assured shorthold tenancies are becoming periodic (rolling) tenancies, and a landlord must rely on a specified ground - such as serious rent arrears, anti-social behaviour, or genuinely needing to sell or move in - to seek possession through the court. The Act is being brought in over 2026, so check the current commencement position for any specific provision before relying on it. See our Renters' Rights Act 2025 guide for the full picture.
Is a Section 21 notice still valid?
No new Section 21 notice can be served, and no new court claim can be started on an old one. Landlords lost the power to serve Section 21 on 1 May 2026, and 31 July 2026 was the final date to issue a court claim using a notice served before the ban. Both dates have now passed.
There's one exception: if your landlord issued a possession claim at court on or before 31 July 2026, that case continues until it concludes. So a Section 21 notice only still matters if it's already inside a live court claim. Outside that situation, a Section 21 notice - whenever it was served - has no legal effect. A landlord who wants possession must start again under the new rules.
If a landlord serves you a "Section 21 notice" today, it's void. You don't have to leave, and you shouldn't hand back the keys because of it. Get advice before responding, and keep the notice as evidence: serving invalid notices can support a harassment or illegal eviction complaint to your council.
What replaced Section 21?
Section 8 of the Housing Act 1988, as rewritten by the Renters' Rights Act 2025, is now the only route to eviction. A landlord must state a specific legal ground, give the notice period that ground requires, and prove the ground in court if you don't leave. There's no longer any way to evict a tenant without a reason.
Two structural changes back this up. First, fixed-term assured shorthold tenancies no longer exist: every assured tenancy is now periodic (rolling), including tenancies that were mid-fixed-term on 1 May 2026, which converted automatically. Second, you can leave whenever you want by giving 2 months' notice - you're never locked in until a fixed end date.
The Act (sections 1 to 3 of the Renters' Rights Act 2025, royal assent 27 October 2025) also ties possession to landlord compliance. According to the government's guide to the Act, landlords can't gain possession if they haven't properly protected your deposit or registered on the new private rented sector database. Our Renters' Rights Act guide covers the full package, including the new ombudsman and rent rules.
My landlord served Section 21 before the ban - what happens?
It depends on one question: did your landlord issue a court claim on or before 31 July 2026? If yes, the case continues under the old rules until it finishes. If no, the notice is dead. Government guidance confirms a landlord can no longer apply to court for possession using any Section 21 notice.
For the transition period, the rules worked like this. A Section 21 notice could only be relied on if it was given on or before 30 April 2026. The landlord then had to issue court proceedings by whichever came first: the time left on the notice itself, or 31 July 2026. Any notice whose earliest possession date fell on or after 1 August 2026 became unusable.
If your case is one of the ongoing ones, the court still checks the old validity requirements before granting possession: the notice was served correctly, your deposit was protected in an authorised scheme with the prescribed information given, and you received the gas safety certificate and Energy Performance Certificate. A failure on any of these can defeat the claim, so don't assume the outcome - read our guide on how to challenge an eviction notice and get advice quickly.
Old Section 8 notices had a transition deadline too: one served before 1 May 2026 could be used to start proceedings until the earlier of 12 months from service or 31 July 2026. After that, the landlord must serve a fresh notice under the new regime.
What grounds can a landlord use now?
The main grounds are: the landlord selling the property, the landlord or a close family member moving in, serious rent arrears, and anti-social behaviour. Each has its own notice period and conditions, and the landlord must prove the ground in court with evidence if you don't leave voluntarily.
The ones tenants ask about most:
- Ground 1A - landlord selling. Requires 4 months' notice and can't be used in the first 12 months of your tenancy. After using it, the landlord is banned from re-letting or re-marketing the property for 12 months - a direct deterrent against fake "sales" used to remove tenants.
- Ground 1 - landlord or family moving in. Same protections: 4 months' notice, not usable in the first 12 months, and the same 12-month re-letting ban applies.
- Ground 8 - serious rent arrears. The threshold rose from 2 months' arrears to 3 months' (13 weeks' if you pay weekly or fortnightly), and you must be at that level both when the notice is served and at the court hearing. Notice is 4 weeks, up from 2. Paying arrears below the threshold before the hearing can defeat this ground.
- Grounds 7A and 14 - anti-social behaviour. The landlord can begin court proceedings immediately after serving notice, though a court still has to decide the case.
There are further grounds covering matters such as employment-linked accommodation and redevelopment. Our grounds for eviction guide works through the full list, including which grounds are mandatory (the court must order possession if proved) and which are discretionary (the court weighs up reasonableness).
What notice must I get?
It depends on the ground. Selling or moving in: 4 months. Serious rent arrears: 4 weeks. Anti-social behaviour: proceedings can start immediately. The notice must be in writing on the correct form, state the ground relied on, and the landlord can't apply to court until the notice period has passed.
Notice is only step one. If you stay past the notice date, the landlord must apply to court, prove the ground, and get a possession order. Only court-appointed bailiffs can physically remove you. A landlord who changes the locks, removes your belongings, or pressures you out without a court order is likely committing an offence under the Protection from Eviction Act 1977 - report it to your council and keep records of every incident.
A quick note on rent rises, since landlords sometimes use them as pressure: rent can now only go up once a year through a formal Section 13 notice with at least 2 months' warning. If the proposed figure is above market rate you can challenge it at the First-tier Tribunal, which decides what the market rent should be. See our eviction hub for how rent pressure and eviction threats interact.
Can I challenge a possession notice?
Yes. Under the new regime every eviction ground must be proved in court, which gives you more to work with than Section 21 ever did. You can dispute the ground itself, point to procedural errors in the notice, or raise the landlord's own non-compliance, such as an unprotected deposit or missing database registration.
Common lines of defence in 2026:
- The ground isn't made out. Arrears below 3 months at the hearing defeat Ground 8. A "sale" with no real steps towards selling may not satisfy Ground 1A.
- The notice is defective. Wrong form, wrong notice period, ground not stated, or served inside the first 12 months where that's prohibited.
- The landlord isn't compliant. Government guidance states possession can be refused where the deposit wasn't properly protected or the property isn't registered on the private rented sector database.
- Discretionary grounds. For grounds like Ground 14, the court must also decide it's reasonable to evict - your circumstances, conduct and the landlord's behaviour all count.
Never ignore court papers. File a defence by the deadline on the claim form, and take advice first - council housing teams, Shelter and Citizens Advice all help with possession defence, and legal aid may be available for possession cases depending on your means. Our step-by-step guide on challenging an eviction notice covers the court process in detail.
Old Section 21 regime vs the new rules
| | Old regime (before 1 May 2026) | New regime (from 1 May 2026) | |---|---|---| | Notice type | Section 21 (Form 6A), no reason needed | Section 8 only, legal ground required | | Notice period | 2 months | 4 weeks (serious arrears) to 4 months (selling or moving in); immediate proceedings for anti-social behaviour | | Tenancy type | Fixed-term or periodic assured shorthold | All tenancies periodic (rolling); tenant leaves on 2 months' notice | | Court route | Accelerated possession, usually no hearing, no ground to prove | Standard possession claim; landlord must prove the ground with evidence | | Tenant defences | Technical only: deposit not protected, no gas certificate or EPC, retaliatory eviction after a council improvement notice | Everything on the left, plus disputing the ground itself, the 12-month protected period, the re-letting ban, and database registration |
What Section 21 used to be
For over 30 years, Section 21 of the Housing Act 1988 let a landlord end an assured shorthold tenancy with 2 months' notice and no reason. Courts granted possession through an accelerated paper process, usually without a hearing. It was the standard first step in most private evictions in England.
Tenants' only defences were technical: the deposit wasn't protected in an authorised scheme, prescribed information wasn't given, the property was an unlicensed HMO, or (after the Deregulation Act 2015) the notice followed a council improvement notice - the retaliatory eviction rule. Those battles are now history for new cases, though they still decide the remaining pre-ban claims working through the courts.
If you searched for "Section 21 notice to quit" because you've just received one, the practical answer in 2026 is simple: the notice can't start a new eviction. Check whether a court claim was issued by 31 July 2026. If it wasn't, you're not obliged to leave, and any landlord who wants possession must serve a Section 8 notice with a valid ground.
Does the Section 21 ban apply in Wales and Scotland?
The Renters' Rights Act 2025 applies to England. Wales replaced assured shorthold tenancies with occupation contracts under the Renting Homes (Wales) Act 2016, in force since December 2022, which has its own no-fault notice rules with 6 months' notice in most cases. Scotland removed no-fault evictions from private residential tenancies in 2017. If you rent in Wales or Scotland, check the rules for your nation - the dates and defences on this page are England-specific.
Where to get help
- Your council's housing team - illegal eviction, harassment, and homelessness prevention duties if you're at risk of losing your home.
- Shelter (0808 800 4444) and Citizens Advice - free guidance on possession notices and court defence.
- Civil legal aid - may cover possession proceedings depending on your income; ask any legal aid housing solicitor for a means check.
- The courts - if you receive a claim form, respond by the deadline; missing it can mean a possession order by default.
The law here is new and some transition details are still being tested in the courts, so for anything time-sensitive check the current position on gov.uk or take advice before acting. An unprotected deposit can also affect a landlord's possession claim - check yours free at /check-my-deposit.
