JournalRRA 2025

Section 21 Abolished - What Every Landlord Must Do Now

Section 21 ‘no-fault’ eviction was abolished on 1 May 2026. Every landlord in England must now understand the new possession framework under Section 8 or risk being unable to recover their property.

2 May 2026Updated 30 October 20268 min read

What happened on 1 May 2026?

The Renters’ Rights Act 2025 came into force on 1 May 2026, abolishing Section 21 of the Housing Act 1988 - the so-called ‘no-fault eviction’ notice - for all private tenancies in England. This is the most significant change to residential landlord and tenant law in a generation.

From that date, landlords can no longer serve a Section 21 notice. Any Section 21 notice served on or after 1 May 2026 is invalid and will not be recognised by the courts. Section 21 notices served before 1 May 2026 followed transitional rules, which ended on 31 July 2026 - see what happened when that deadline passed.

What replaces Section 21?

Possession can now only be obtained through Section 8 of the Housing Act 1988, using one of the statutory grounds listed in Schedule 2 of that Act (as heavily amended by the RRA 2025). There is no other route.

This means every possession claim must now go to court, where a judge will consider whether the ground is made out. The days of simply serving a notice and waiting for the tenant to leave are over.

Fixed-term tenancies are abolished too

Alongside Section 21, the Act abolished fixed-term Assured Shorthold Tenancies. All tenancies granted on or after 1 May 2026 are periodic from the outset - rolling month-to-month with no end date. Existing fixed-term tenancies automatically became periodic when the Act came into force.

This means you cannot include a break clause, and you cannot wait for a fixed term to expire as a route to possession. You must use Section 8 grounds.

The key Section 8 grounds you need to know

The most commonly used grounds under the new framework are:

  • Ground 1 - Landlord or close family member needs to move in. 4 months’ notice. You cannot ask the tenant to leave in the first 12 months of a new tenancy: you can give notice during that time, but it cannot expire before the 12 months have ended.
  • Ground 1A - Landlord intends to sell. 4 months’ notice, with the same first-12-months rule. After using Ground 1 or 1A you cannot market or re-let the property for 12 months.
  • Ground 8 - Mandatory: at least 3 months’ rent arrears at both the notice date and the court hearing. 4 weeks’ notice.
  • Ground 7A - Mandatory: serious anti-social behaviour or criminal conviction. Immediate notice (court cannot make an order until 14 days have passed).

What must you do right now?

  1. Stop using Section 21 notices immediately. They are void. Serving one wastes time and money.
  2. Give existing tenants the Information Sheet if you haven’t. The deadline was 31 May 2026, and a landlord who missed it can be fined up to £7,000.
  3. Protect every deposit in a government-approved scheme, within 30 days of receiving it. A court will not make a possession order if the deposit has not been protected.
  4. Register each property on the PRS Database when its region opens. While a property that has to be registered is not, a court cannot make a possession order for it except on the anti-social behaviour Grounds 7A and 14. See the dates for your council.
  5. Understand the notice periods for each ground. Serving the wrong notice period invalidates the notice and restarts the clock.

How Comprent helps

Comprent automatically generates all compliance tasks for each property and tenancy the moment you add them. Your Information Sheet deadline, deposit protection deadline, and certificate renewals are all tracked in one place. When you need to serve a Section 8 notice, the document generator selects the correct ground, calculates the correct notice period, and produces a court-ready PDF.

You should always seek independent legal advice before serving a possession notice. Comprent is compliance software, not a law firm.

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