Section 21 Abolished: What UK Landlords Need to Do Now
Section 21 no-fault evictions were abolished on 1 May 2026 under the Renters' Rights Act. Here's what that means in practice, and how to protect yourself.
PropLedger Editorial
Section 21 — the “no-fault eviction” notice that allowed landlords to end a tenancy without giving a reason — was abolished on 1 May 2026 under the Renters’ Rights Act 2024. If you haven’t already updated your processes, now is the time.
This guide explains what changed, what you can still do, and how to protect your position as a landlord.
What Section 21 Was
Under Section 21 of the Housing Act 1988, a landlord could serve a two-month notice on a tenant at any time after the fixed term ended — without needing to cite a reason. It was the most common route for landlords who wanted possession back for reasons like selling, returning to live in the property, or managing problem tenancies where evidencing a breach was difficult.
From 1 May 2026, you can no longer serve a valid Section 21 notice. Any S21 served on or after that date is void.
What Replaces It: Section 8 Grounds
All evictions now go through Section 8 of the Housing Act 1988, which requires you to specify a legal “ground” from Schedule 2. The grounds fall into two categories:
Mandatory grounds (court must grant possession if ground is proven):
- Ground 1: Landlord wishes to sell the property. Requires 4 months’ notice.
- Ground 1A: Landlord or close family member wishes to move in. Requires 4 months’ notice.
- Ground 8: Tenant is more than 2 months in rent arrears.
- Grounds 10–11: Rent arrears (discretionary at lower amounts).
Discretionary grounds (court may grant possession — judge has latitude):
- Ground 12: Breach of tenancy agreement (e.g. subletting without consent, persistent late payment).
- Ground 14: Nuisance, illegal activity, or anti-social behaviour.
The notice period for most grounds is now 4 months under the new Act. Ground 8 (serious rent arrears) retains a shorter notice period.
New Tenancy Structure: All Tenancies Are Now Periodic
The Renters’ Rights Act also abolished fixed-term tenancies for new lets. From 1 May 2026, all new residential tenancies are periodic tenancies from day one — rolling monthly or weekly, depending on how rent is paid.
This means:
- You cannot lock a tenant into a 6 or 12-month fixed term
- Tenants can give 2 months’ notice to leave at any time
- You must use Section 8 grounds to seek possession
Existing fixed-term tenancies that started before 1 May 2026 continue on their existing terms until they expire, at which point they convert to periodic tenancies.
What You Should Update Immediately
1. Stop using Section 21 notices
Do not serve an S21 after 1 May 2026. It is void and will waste court time and fees.
2. Update your tenancy agreements
New agreements should reflect the periodic structure. Remove fixed-term clauses. If you use a standard AST template (including one generated by PropLedger), update it to comply with the new legislation.
3. Document everything from day one
With Section 8, you need to prove your ground in court. That means:
- Rent payment records showing arrears
- Inspection reports evidencing property damage
- Communication logs for nuisance complaints
- Copies of any letters, notices, or warnings sent to the tenant
PropLedger’s communications log, maintenance tracker, and rent ledger make this straightforward — your evidence is stored and timestamped from the moment it happens.
4. Serve notices correctly
Section 8 notices must use the Form 3 prescribed form. The prescribed forms were updated for the Renters’ Rights Act — check you are using the current version from GOV.UK.
5. Understand the court process
If a tenant doesn’t leave after a valid Section 8 notice expires, you must apply to the county court for a possession order. This takes longer than under the old accelerated S21 procedure. Budget 3–6 months from notice to possession in most cases.
Selling Your Property
If you want to sell, Ground 1 now applies — you must give 4 months’ notice and the ground only becomes available after the tenancy has been running for 12 months. This is a significant change from S21, which allowed you to reclaim the property at any time after the fixed term.
Plan ahead: if you’re considering selling a tenanted property within the next year, start the paperwork early.
What Hasn’t Changed
- Landlords can still evict for genuine rent arrears, anti-social behaviour, and lease breaches
- You can still end a tenancy by mutual agreement (surrender) at any time
- Tenants must still pay rent and comply with their tenancy agreement
- Right to Rent checks, deposit protection, and pre-tenancy compliance documents (Gas Safety, EICR, EPC) are unchanged
The Bottom Line
Section 21 is gone. The adjustment period will be challenging, but landlords who document their tenancies properly — rent payments, inspections, communications — will be well-positioned to use Section 8 when they genuinely need possession.
The key shift is from a reactive paper notice to an ongoing record of the tenancy. The better your records, the stronger your position.
PropLedger tracks rent payments, communications, inspections, and compliance documents across your portfolio so that if you ever need to rely on Section 8 grounds, you already have the evidence.