Section 21 Abolished: UK Tenant Rights Guide for the Renters' Rights Act 2025
Updated 2 November 2026
Section 21, the "no-fault eviction" route that shaped private renting in England since the Housing Act 1988, was abolished on 1 May 2026 under the Renters' Rights Act 2025. Here's what that means for tenants, what your landlord can still use to end your tenancy, and what to do if you are handed a Section 21 notice now.
Quick answer
Section 21 ended on 1 May 2026. A notice served before then could only be taken to court until 31 July 2026 at the latest, so a Section 21 notice can no longer be used to start a possession claim. To end your tenancy now, a private landlord must serve a Section 8 notice using one of the legal grounds for possession and, if you do not leave, get a court order. The selling and moving-in grounds cannot be used in the first 12 months of a tenancy, and rent can only rise once a year. The PostcodeCheck Renter Report (£2.99) checks the EPC against the register and lists the other certificates (deposit, gas, EICR) to ask your landlord for.
What happened to Section 21
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Its first changes for private renters in England came into force on 1 May 2026, and from that day landlords cannot evict tenants using the Section 21 process.
For a Section 21 notice served before 1 May 2026, the landlord could apply to court for a possession order only until whichever came first: the end of the time left on the notice, or 31 July 2026. That date has passed, so it is now too late to use any of those notices to start a court claim. If the landlord did apply to court in time, in some cases the case can still be completed.
These changes cover private renting. For social housing let on assured tenancies by housing associations and other private registered providers, the government says they apply from October 2027.
How a landlord can end your tenancy now: Section 8
Every eviction now needs a Section 8 notice that names one or more grounds for possession. The notice period depends on the ground. These are the grounds most private tenants will come across:
| Ground | Notice | What the court does |
|---|---|---|
| Ground 1: landlord or close family moving in | 4 months | Mandatory. Cannot be used in the first 12 months of a tenancy |
| Ground 1A: landlord selling | 4 months | Mandatory. Cannot be used in the first 12 months of a tenancy |
| Ground 8: serious rent arrears | 4 weeks | Mandatory if you owe at least 3 months' rent (13 weeks if paid weekly or fortnightly) both when the notice is given and at the hearing |
| Ground 10: any rent arrears | 4 weeks | Discretionary |
| Ground 11: persistent late payment of rent | 4 weeks | Discretionary |
| Ground 12: breach of the tenancy (not rent) | 2 weeks | Discretionary |
| Ground 7A: severe antisocial or criminal behaviour | None, the landlord can apply to court straight away | Mandatory |
| Ground 14: antisocial behaviour | None, the landlord can apply to court straight away | Discretionary |
Mandatory means the court must grant possession if the ground is proven. Discretionary means the court decides whether it is reasonable to grant it. Either way, your landlord needs a court order if you do not leave, and only bailiffs acting on a warrant or writ can remove you.
A court will not make a possession order on most grounds if your deposit was not protected in a government-approved scheme, unless it has since been protected or returned, or your claim about it has been decided, settled or withdrawn. The antisocial behaviour grounds (7A and 14) are the exception. A landlord who uses the selling or moving-in ground cannot market or re-let the home for 12 months afterwards.
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Your rights as a tenant now
- No-reason eviction is gone. Your landlord must rely on a legal ground for possession and, if you stay, prove it in court.
- 12-month protected period. The selling and moving-in grounds cannot be used in the first 12 months of a tenancy.
- Once-a-year rent increases. Not in the first 12 months of a new tenancy, on Form 4A with at least 2 months' notice. You can challenge an increase above the market rent at the First-tier Tribunal, which cannot set a rent higher than the landlord asked for.
- Rolling tenancies. Fixed terms have gone for assured tenancies, which now run on a rolling basis, for example monthly. You can end yours by giving 2 months' notice.
- Pets. You can ask in writing to keep a pet. Your landlord must not unreasonably refuse and must answer in writing within 28 days (longer if they reasonably ask you for more information).
- No bidding wars. A landlord must state the rent in any written advert or offer and cannot accept or encourage offers above it.
- Rent in advance. Nothing before you sign the tenancy agreement, and at most 1 month's rent after you sign.
- Awaab's Law is not yet in force for private renting. It applies to social housing. For private tenancies regulations still have to be made; the government is consulting until 18 December 2026 and has not set a date.
- Decent Homes Standard. The government plans to apply the new standard to private and social rented homes from 2035.
What to do today
- Check the paperwork. The EPC is on the free government register and each deposit scheme (DPS, MyDeposits, TDS) has a free online checker; ask the landlord for the gas safety certificate and the EICR. A £2.99 Renter Report covers the EPC check. An unprotected deposit stops a landlord getting possession on most grounds until it is put right.
- Document everything. Photos, dates, written communications. Useful for any future tribunal or court case.
- If you get a Section 8 notice, read the ground. Check which ground it names and whether the notice period matches the table above. If it is the selling ground, ask whether the sale has started.
- Keep your rent up to date. Arrears of 3 months or more are a mandatory ground, and smaller or repeated arrears are discretionary grounds.
- Report damp and disrepair in writing. Your council's environmental health team can inspect and take action against serious hazards.
If you receive a Section 21 notice now
- Do not move out because of it. Since 1 May 2026 landlords cannot use the Section 21 process, and the last date to take an older notice to court was 31 July 2026.
- Check whether a court claim has already started. If you have court papers from a claim made in time, in some cases it can still go ahead, so get advice straight away.
- Get free advice. Shelter, Citizens Advice, or Civil Legal Advice (0345 345 4345). The Housing Loss Prevention Advice Service gives free legal advice once a landlord has given written notice of possession.
- Tell your council. Councils have new powers to investigate and take action if a landlord breaks the law, and their housing team can help if you are at risk of losing your home.
- Keep paying your rent and put your reply to the landlord in writing, so there is a paper trail.
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Checked on GOV.UK on 2 November 2026: Renters' Rights Act overview for tenants · Notices served before 1 May 2026 · Grounds for possession · Awaab's Law consultation.
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