Section 21 Abolished in England: What the End of No-Fault Evictions Means for You

Section 21 Is Abolished: What That Means in Plain Terms

Section 21 no-fault evictions were abolished in England on 1 May 2026. From that date, no landlord can serve a Section 21 notice on any private tenant. It does not matter when the tenancy started, how long the tenant has lived there, or whether the property was let on a fixed-term or periodic basis. Section 21 is gone for all private assured tenancies in England, in one single step, with no transitional period for existing tenancies.

This is the most significant change to the rights of private tenants in England in over three decades. Before 1 May 2026, a landlord could ask a tenant to leave at any time during a periodic tenancy, or at the end of a fixed term, with just two months notice and no reason required. Now, a landlord must have a legally valid reason to end a tenancy and must prove it at court if the tenant does not leave voluntarily.

What Was Section 21 and How Was It Used?

Section 21 was introduced by the Housing Act 1988 as part of a package of measures designed to encourage private landlords back into a market that had been suppressed by decades of rent control and security of tenure legislation. The ability to recover possession at the end of a fixed term, or with two months notice during a periodic tenancy, without any reason, was intended to give landlords confidence that they could get their property back when needed.

For most of its existence, Section 21 worked as intended. Many landlords used it only when they genuinely needed to sell a property, carry out major works, or move back in. However, by the 2010s, housing charities including Shelter and Citizens Advice were documenting systematic misuse of Section 21 as a tool to remove tenants who had complained about conditions, challenged rent increases, or simply been in the property too long. The threat of a Section 21 notice deterred tenants from exercising their existing rights and enabled a minority of rogue landlords to operate substandard properties without accountability.

Government data showed Section 21 was used approximately 45,000 times per year at its peak, and it was the single largest cause of families presenting as homeless to local authorities, accounting for around one in five homelessness cases in England in the years before its abolition.

The Final Days of Section 21: The 30 April 2026 Deadline

The government announced 1 May 2026 as the implementation date for Phase 1 of the Renters Rights Act 2025 on 13 November 2025. This gave landlords who intended to use Section 21 a defined window in which to serve notices before abolition.

The last valid date for serving a Section 21 notice was 30 April 2026. Landlords who served a valid notice on or before that date had until 31 July 2026 to commence court possession proceedings. A Section 21 notice served before 1 May 2026 that was not acted upon in court by 31 July 2026 expired and had no further effect.

There was significant activity in the Section 21 notice market in the weeks before 30 April 2026, as landlords sought to preserve their options before abolition. However, the Act makes clear that even landlords who served valid pre-abolition Section 21 notices are now subject to the new framework once those notices expire or proceedings conclude without a possession order being made.

What Replaced Section 21: Section 8 Possession Grounds

Section 8 of the Housing Act 1988, as amended by the Renters Rights Act 2025, is now the only route to possession for private landlords in England. Unlike Section 21, Section 8 requires the landlord to specify one of the grounds for possession set out in Schedule 2 to the Housing Act 1988 and to prove that ground at court if the tenant does not leave voluntarily.

The grounds are divided into mandatory grounds, on which the court must grant possession if the ground is proved, and discretionary grounds, on which the court decides whether it is reasonable to grant possession even if the ground is made out.

The key mandatory grounds are:

Ground 1 (landlord or family moving in): The landlord or a named close family member requires the property as their only or principal home. 4 months minimum notice. Cannot be used in the first 12 months of the tenancy. The landlord cannot re-let or market the property for 12 months after using this ground.

Ground 1A (landlord selling): The landlord intends to sell the property. 4 months minimum notice. Cannot be used in the first 12 months of the tenancy. The landlord cannot re-let or market the property for 12 months after using this ground.

Ground 7A (serious anti-social behaviour): The tenant or someone living with or visiting them has been convicted of a serious offence, made subject to a civil injunction for anti-social behaviour, or has caused nuisance or annoyance to neighbours. Notice can be immediate in the most serious cases.

Ground 8 (rent arrears): The tenant is at least 3 months in arrears at both the date of the notice and the date of the court hearing. 4 weeks minimum notice. If arrears fall below 3 months before the hearing, this ground fails. Note: the Act raised the mandatory threshold from 2 months to 3 months compared to the pre-Act position.

Key discretionary grounds include:

Ground 10 (some rent arrears): The tenant is in arrears of any amount. 2 weeks notice. Discretionary, so the court decides whether to grant possession.

Ground 11 (persistent late payment): The tenant has persistently delayed paying rent even if not in arrears at the hearing date. 2 weeks notice.

Ground 12 (breach of tenancy): The tenant has broken one or more terms of the tenancy agreement other than the rent obligation. 2 weeks notice.

Ground 14 (nuisance or illegal use): The tenant or persons at the property have caused nuisance, annoyance or been convicted of using the property for illegal purposes. Notice can be immediate.

What Happens If a Landlord Serves a Section 21 After 1 May 2026?

A Section 21 notice served on or after 1 May 2026 has no legal effect. It is not a valid notice and cannot be used to commence court proceedings. A tenant who receives such a notice is under no obligation to leave and should not vacate the property on the basis of it.

If a landlord attempts to enforce an invalid Section 21 notice by changing locks, removing the tenant belongings, cutting off utilities, or verbally threatening the tenant, this conduct may constitute harassment or illegal eviction under the Protection from Eviction Act 1977. These are criminal offences. The maximum penalty on conviction on indictment is an unlimited fine and up to 2 years imprisonment. A tenant who is being harassed or illegally evicted should contact the local authority housing enforcement team immediately and seek emergency legal advice.

What Should a Tenant Do If They Receive an Invalid Section 21?

First, do not leave the property on the basis of the notice. A notice served after 1 May 2026 has no legal standing.

Second, write to the landlord (by email is fine, keep a copy) stating that you understand Section 21 was abolished on 1 May 2026 and that the notice is therefore invalid. You are not vacating and remain in lawful occupation.

Third, contact Shelter, Citizens Advice, or a local housing law centre for free advice. If the landlord continues to pursue the matter or takes action to remove you, contact the local authority housing enforcement team. They have investigatory and enforcement powers under the Renters Rights Act 2025 and the Protection from Eviction Act 1977.

Fourth, keep records of everything. Note the date you received the notice, photograph it, and keep copies of all correspondence with the landlord.

Section 21 and Retaliatory Eviction

Retaliatory eviction, the use of a Section 21 notice in response to a tenant raising legitimate complaints about the property, was one of the primary drivers of abolition. With Section 21 gone, a landlord has no straightforward mechanism to remove a tenant who has complained about disrepair, contacted the local authority, or applied to the tribunal to challenge a rent increase. Any Section 8 notice served in such circumstances is subject to challenge and the tenant has a defence if they can show the notice was served in retaliation for protected conduct.

The abolition of Section 21 therefore has a practical effect beyond just stopping no-fault evictions. It empowers tenants to report problems, challenge increases, and enforce their existing rights without the existential fear of losing their home as a result.

Section 21 in Scotland and Wales

Scotland abolished no-fault evictions for most private tenancies in December 2017 under the Private Housing (Tenancies) (Scotland) Act 2016. Welsh tenants gained similar protection when the Renting Homes (Wales) Act 2016 came into force in December 2022, which replaced the equivalent of Section 21 with a no-fault ground requiring 6 months notice.

England was the last of the three nations to abolish no-fault evictions, having had the measure promised by the Conservative government in 2019 before it stalled in Parliament and was ultimately delivered by the Labour government in the Renters Rights Act 2025.

Section 21 and the Court Backlog

One of the practical consequences of abolishing Section 21 is a change in the profile of possession cases going through the county courts. Section 21 claims under the accelerated possession procedure were processed quickly because they required no hearing and no contested evidence. The shift to Section 8 only means that more possession claims will require a hearing, particularly where tenants defend the proceedings or raise counterclaims about disrepair or retaliatory conduct.

The government acknowledged in its impact assessment accompanying the Renters Rights Act that abolishing Section 21 would place additional demands on the county court system. It committed to resourcing the courts to handle the increased caseload and to working with the Ministry of Justice on court reform. As of June 2026 the court system is in a transition period and landlords should expect possession proceedings to take longer on average than under the former Section 21 accelerated procedure.

For landlords with genuine grounds for possession, the answer is to ensure Section 8 notices are served correctly and promptly, grounds are well documented, and court applications are made without delay once the notice period expires. Errors in the notice form or insufficient evidence of the ground are the most common reasons for possession claims to fail or be delayed at court.

Section 21 and Tenants in Receipt of Housing Benefit

Tenants in receipt of housing benefit or the housing cost element of Universal Credit were disproportionately affected by Section 21 notices. Research by Shelter and the National Housing Federation documented that benefit claimants were significantly more likely to receive a Section 21 notice than tenants paying rent from their own income, in part because some landlords used Section 21 as a tool to remove benefit tenants when they wished to re-let at a higher market rent to working tenants.

The abolition of Section 21, combined with the Renters Rights Act prohibition on discriminating against prospective tenants in receipt of benefits, addresses both sides of this problem. A landlord can no longer remove an existing benefit tenant without a valid Section 8 ground, and cannot refuse to let a property to a benefit claimant on that basis alone. This represents a material improvement in housing security for the approximately 1.4 million private tenants in England who receive housing benefit.

Frequently Asked Questions

When was Section 21 abolished?

Section 21 was abolished on 1 May 2026 under the Renters Rights Act 2025. It applies to all private assured tenancies in England from that date, regardless of when the tenancy started.

What is Section 21?

Section 21 was a provision of the Housing Act 1988 that allowed landlords to end an assured shorthold tenancy with two months notice and no reason. It was known as a no-fault eviction notice. It was abolished on 1 May 2026.

My landlord has sent me a Section 21 notice. What do I do?

Check the date it was served. Any Section 21 served on or after 1 May 2026 is invalid. You do not have to leave. Write to your landlord confirming the notice is invalid and seek advice from Shelter or Citizens Advice. If served before 1 May 2026, check whether it was correctly served and whether the 31 July 2026 court deadline has passed.

Can my landlord still evict me without a reason?

No. From 1 May 2026, a landlord must have a valid Section 8 ground to end a tenancy. They must specify the ground, give the required notice, and prove it at court if you do not leave voluntarily.

Has Section 21 been abolished in Scotland and Wales?

Scotland abolished no-fault evictions in 2017. Wales did so in December 2022. England followed on 1 May 2026 under the Renters Rights Act 2025.

What is the minimum notice a landlord must give under Section 8?

It depends on the ground. For selling or moving in (Grounds 1 and 1A), the minimum is 4 months and it cannot be used in the first 12 months of the tenancy. For rent arrears of 3 months or more (Ground 8), the minimum is 4 weeks. For serious anti-social behaviour (Ground 7A), it can be immediate in the most serious cases.