Section 21 Abolition: The End of No-Fault Evictions
Last updated: 01 March 2026 | Reading time: 6 minutes
Critical Date
The last day to serve a Section 21 notice is 30 April 2026. After this date, all possession proceedings must use Section 8 grounds.
What is Section 21?
Section 21 of the Housing Act 1988 has been a cornerstone of the private rented sector for over 35 years. It allows landlords to recover possession of their property at the end of a fixed-term tenancy or during a periodic tenancy, without having to give a reason.
Often called the "no-fault eviction" provision, Section 21 has been both praised by landlords for providing flexibility and criticised by tenant advocates who argue it enables "revenge evictions" where tenants are removed for complaining about property conditions.
Under Section 21, landlords need only provide two months' notice (or longer in some cases) and do not need to prove any breach by the tenant. This contrasts with Section 8, which requires specific grounds and often court proceedings to prove.
Abolition Timeline
The abolition of Section 21 has been a long journey:
- April 2019: Government first announced plans to abolish Section 21
- 2019-2024: Various delays, consultations, and draft bills
- 2025: Renters' Rights Act receives Royal Assent
- 30 April 2026: Last day to serve Section 21 notices
- 1 May 2026: Section 21 abolished for all tenancies
The Last Day: 30 April 2026
Understanding the cut-off date is crucial for landlords considering their options:
What You Can Do Before 30 April 2026
- Serve valid Section 21 notices that comply with all existing requirements
- Start possession proceedings based on properly served notices
- Complete possession claims already in the court system
What Happens After 1 May 2026
- No new Section 21 notices can be served
- All evictions must use Section 8 with valid grounds
- Existing possession orders from Section 21 claims can still be enforced
What Happens to Existing Section 21 Notices?
If you've already served a Section 21 notice, here's what you need to know:
Notices Served Before 1 May 2026
Section 21 notices that were validly served before the abolition date remain valid, but there are time limits:
- The notice must be used to start possession proceedings within its normal validity period (typically 4-6 months from expiry of the notice period)
- You cannot start new possession proceedings using a Section 21 notice after 1 May 2026
- Claims already before the court will continue to be processed
Possession Orders Already Granted
If you have a possession order from a Section 21 claim:
- The order remains valid and enforceable
- You can apply for a warrant of possession
- Standard enforcement procedures apply
Current Section 21 Requirements
Until abolition, Section 21 notices must still comply with existing requirements to be valid:
- Form 6A: The prescribed form must be used
- Deposit protection: Deposit must be protected and prescribed information provided
- Gas safety certificate: Valid certificate provided to tenant
- EPC: Energy Performance Certificate provided
- How to Rent guide: Latest version provided to tenant
- Licensing: Property must be properly licensed if required
- No retaliatory eviction: Notice cannot be in response to a valid complaint
A Section 21 notice can be invalidated if any of these requirements are not met. Courts regularly strike out claims where technical requirements have not been satisfied.
Section 8 Alternatives
From 1 May 2026, Section 8 becomes the only route to possession. The Renters' Rights Act expands and modifies the available grounds:
New Grounds Added
- Landlord selling: Ground for possession where the landlord intends to sell the property (12 months minimum tenancy required)
- Family moving in: Expanded ground for landlord or close family member occupation
Modified Existing Grounds
- Rent arrears (Ground 8): Now requires 3 months' arrears (previously 2 months)
- Anti-social behaviour: Expedited procedures for serious cases
- Breach of tenancy: Clarified procedures for various breaches
For a complete overview of Section 8 grounds, see our Section 8 Grounds Guide.
Key Decisions for Landlords
With abolition approaching, landlords should consider:
If You Need to Recover Possession Soon
Consider whether to use Section 21 before abolition:
- Is there time to serve notice and complete proceedings before 1 May 2026?
- Do you meet all technical requirements for a valid notice?
- Would a Section 8 ground be more appropriate for your situation?
For Ongoing Tenancies
Prepare for the post-Section 21 landscape:
- Understand which Section 8 grounds apply to your situation
- Ensure tenancy agreements clearly document terms that could form grounds for possession
- Maintain good records of rent payments, communications, and property condition
- Consider whether your long-term plans require possession and plan accordingly
Frequently Asked Questions
Yes, until 30 April 2026 you can serve valid Section 21 notices. However, ensure you meet all technical requirements and have time to act on the notice before abolition. The notice must be used to start court proceedings within its validity period.
Cases already before the court will continue to be processed. If you have started valid proceedings before abolition, they will not be affected. However, you cannot start new proceedings using a Section 21 notice after 30 April 2026.
The expanded Section 8 grounds include provisions for landlords who need to sell the property or move family members in. These require a minimum 12-month tenancy period and appropriate notice. The grounds are mandatory, meaning the court must grant possession if you prove the ground applies.
No. While the change is significant, landlords retain clear routes to recover their property through Section 8 grounds. The new grounds for selling or family occupation address common landlord needs. Many landlords in Scotland and other jurisdictions operate successfully without no-fault eviction provisions.
Your Next Steps
- Review your current situation - Do you anticipate needing possession before or after May 2026?
- Check compliance - If considering Section 21, verify all technical requirements are met
- Understand Section 8 - Familiarise yourself with the grounds that will apply to your tenancies
- Update documentation - Ensure tenancy agreements support potential Section 8 claims
- Seek advice - For complex situations, consult a solicitor or professional advisor
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