What Was Section 21?
Section 21 of the Housing Act 1988 gave landlords the right to recover possession of their property at the end of a fixed-term tenancy, or during a periodic tenancy with two months' notice, without needing to give any reason. It was known as "no-fault eviction" because the landlord didn't need to prove the tenant had done anything wrong.
Section 21 was widely used by landlords to:
- Recover possession at the end of an academic year (student lets)
- Move a family member into the property
- Sell the property with vacant possession
- Address problem tenants without gathering evidence for court
- Refresh tenancy terms or increase rent above what a tenant would accept
From 1 May 2026, Section 21 no longer exists. Any notice served under Section 21 on or after that date is void in law.
What Replaced Section 21? — Section 8 Possession Grounds
Landlords now rely exclusively on Section 8 of the Housing Act 1988, as amended by the Renters' Rights Act 2026. Section 8 allows landlords to apply to court for possession on specific statutory grounds. Some grounds are mandatory (the court must order possession if proved) and some are discretionary (the court can refuse even if the ground is proved).
Key Mandatory Grounds
| Ground | Reason | Notice Period | Conditions |
|---|---|---|---|
| Ground 8 | Rent arrears of 2+ months | 4 weeks | Arrears must exist both at notice and at court hearing |
| Ground 1A | Landlord or close family moving in | 4 months | Tenancy must have run for at least 12 months |
| Ground 6A | Landlord intends to sell | 4 months | Tenancy must have run for at least 12 months; genuine sale required |
| Ground 7A | Serious antisocial behaviour (conviction) | 4 weeks | Tenant convicted of serious offence |
Key Discretionary Grounds
| Ground | Reason | Notice Period |
|---|---|---|
| Ground 10 | Some rent arrears (less than 2 months) | 4 weeks |
| Ground 11 | Persistent late payment of rent | 4 weeks |
| Ground 12 | Breach of tenancy obligation (e.g. damage, subletting without consent) | 4 weeks |
| Ground 13 | Waste or neglect causing deterioration of property | 4 weeks |
| Ground 14 | Nuisance or antisocial behaviour | Immediate (14 days in some cases) |
What Happens to Section 21 Notices Served Before 1 May 2026?
This is one of the most common questions from landlords with notices in progress. The answer depends on when the notice was served and whether court proceedings were started before the Act came into force.
- Notices served and possession proceedings issued before 1 May 2026 — may continue through the court system, but this is subject to specific transitional provisions. Seek legal advice.
- Notices served before 1 May 2026 but proceedings not yet issued — the ability to use these notices is severely curtailed or impossible. Do not attempt to issue proceedings based on a pre-May Section 21 without urgent legal advice.
- Any notice served on or after 1 May 2026 — void. Cannot be used for any purpose.
If you have a Section 21 notice in any stage of this process, contact a property solicitor immediately. Attempting to enforce a void notice carries a fine of up to £40,000.
How to Serve a Section 8 Notice Correctly
A Section 8 notice must be served on the prescribed form (Form 3, available from gov.uk). Steps:
- Identify the ground(s) you are relying on and confirm you can evidence them
- Complete Form 3 accurately — any error can invalidate the notice
- Serve by hand, first-class post, or email (if the tenancy agreement permits email service)
- Keep a copy and proof of service
- Wait the required notice period before applying to court
- If the tenant does not vacate after the notice period, apply to the court for a possession order
Errors on Section 8 notices are a common reason court applications fail. Have the notice checked by a solicitor before serving, particularly for high-value or contested situations.
Building Your Evidence Before You Need a Section 8
Unlike Section 21, Section 8 is entirely evidence-dependent. Landlords who previously relied on Section 21 to avoid evidence disputes need to build new habits:
- Rent arrears — maintain a clear rent ledger showing every payment received and any arrears. Use property management software that timestamps payments.
- Antisocial behaviour — record every complaint in writing. Obtain written statements from neighbours if relevant. Keep dated photographs where applicable.
- Property damage — photograph the property thoroughly at the start of every tenancy and at every inspection. Video walk-throughs are better.
- Breach of tenancy — document every instance in writing and write to the tenant formally. Keep copies of all correspondence.
Property management software that logs rent payments, stores correspondence, and records inspection photos creates a timestamped evidence trail that is invaluable in possession proceedings.
Fines for Getting This Wrong
| Action | Maximum Fine |
|---|---|
| Serving a Section 21 notice after 1 May 2026 | £40,000 |
| Attempting to enforce a void Section 21 notice | £40,000 |
| Harassment or unlawful eviction | Unlimited (criminal prosecution) |
Frequently Asked Questions — Section 21 Abolition
When was Section 21 abolished?
Section 21 no-fault evictions were abolished on 1 May 2026 under the Renters' Rights Act 2026. Any Section 21 notice served on or after this date is void and cannot be enforced.
What replaced Section 21?
Landlords must now use Section 8 notices citing one of the statutory grounds for possession. Key grounds include Ground 8 (rent arrears), Ground 1A (landlord moving in), and Ground 6A (property sale).
What happens to a Section 21 notice served before 1 May 2026?
Notices with court proceedings already issued before 1 May 2026 may continue under transitional provisions. Notices served before May 2026 but not yet in court are in a grey area — seek urgent legal advice before taking any action.
How much notice must I give under Section 8?
It varies by ground. Ground 8 (rent arrears) requires 4 weeks. Ground 1A (landlord moving in) and Ground 6A (selling) require 4 months. Antisocial behaviour grounds can require immediate to 14 days' notice.
Can I be fined for serving a Section 21 notice after May 2026?
Yes — up to £40,000. This is enforced by local councils under the Renters' Rights Act 2026.