Section 21 Abolished: What This Means for Your Tenancy
Contents
Section 21 Is Gone: The Key Dates
After decades of campaigning, Section 21 of the Housing Act 1988, the "no-fault eviction" provision, has been abolished by the Renters' Rights Act 2025.
Here are the critical dates:
- 28 April 2026: The last date a landlord can serve a valid Section 21 notice
- 1 May 2026: Section 21 is formally abolished. No new notices can be served from this date.
- 31 July 2026: The absolute cutoff for landlords to file a Section 21 possession claim in court. Any notice served before 29 April 2026 must have its court application filed by this date, or the notice expires permanently.
If you have already received a Section 21 notice, check the dates carefully. If your landlord has not filed a court application by 31 July 2026, the notice is dead and cannot be revived. You do not need to leave.
This change applies to all private tenancies in England, regardless of when they started. There is no exemption for existing tenancies.
The Reformed Section 8 Grounds for Possession
With Section 21 gone, landlords must use Section 8 of the Housing Act 1988 to recover possession. The Renters' Rights Act reforms the available grounds:
Mandatory grounds (court must grant possession if proved):
| Ground | Reason | Notice period |
|--------|--------|---------------|
| Ground 1 | Landlord wants to move back in | 4 months |
| Ground 1A | Landlord wants to sell | 4 months |
| Ground 2 | Mortgage lender repossession | 2 months |
| Ground 6 | Major redevelopment or demolition | 4 months |
| Ground 7 | Death of tenant (periodic) | 2 months |
| Ground 8 | Serious rent arrears (2+ months) | 2 weeks |
| Ground 8A | Repeated rent arrears (3 times in 3 years) | 4 weeks |
Discretionary grounds (court decides based on reasonableness):
| Ground | Reason | Notice period |
|--------|--------|---------------|
| Ground 10 | Some rent arrears | 2 weeks |
| Ground 11 | Persistent late payment | 2 weeks |
| Ground 12 | Breach of tenancy terms | 2 weeks |
| Ground 14 | Antisocial behaviour | Immediate |
| Ground 14A | Domestic abuse by partner | 2 months |
New grounds have been added for properties subject to enforcement action or where a landlord has received a compliance notice they cannot fulfil while tenants remain in the property.
The 12-Month Protected Period
A brand new protection under the Renters' Rights Act 2025 is the 12-month protected period. For the first 12 months of any tenancy, the landlord cannot use certain grounds to evict you.
The grounds that are blocked during the protected period include:
- Ground 1 (landlord moving back in)
- Ground 1A (landlord selling)
- Ground 6 (redevelopment)
This means a landlord cannot let a property, wait three months, and then claim they need to sell or move in. They must wait at least 12 months from the start of the tenancy before relying on these grounds.
Grounds related to tenant behaviour (rent arrears, antisocial behaviour, breach of tenancy) are not restricted by the protected period. A landlord can still act on these at any time if warranted.
The protected period resets each time a new tenancy is granted. If you renew or move to a new property with the same landlord, a fresh 12-month protection begins.
What Tenants Should Do Now
If you are a current tenant in England, here is what these changes mean for you:
- If you have a Section 21 notice: Check the dates. If your landlord has not applied to court yet, monitor the 31 July 2026 deadline. If they miss it, the notice is void.
- If you have a periodic tenancy: Your tenancy continues as before. You now have stronger protections against eviction.
- If you have a fixed-term tenancy: Once your fixed term expires (or from 1 May 2026 if it has already expired), your tenancy becomes periodic. You can give 2 months' notice to leave at any time.
- If you want to leave: Tenants can end a periodic tenancy by giving 2 months' notice. There is no minimum stay period for tenants (the 12-month protected period only restricts landlords).
Run a property check to see your property's compliance status and safety score. If your landlord has outstanding issues, this could be useful evidence if they attempt a retaliatory eviction.
Stronger Protection Against Retaliatory Evictions
The Renters' Rights Act significantly strengthens protections against retaliatory evictions. Without Section 21, a landlord can no longer simply serve a no-fault notice after a tenant complains about repairs or exercises their legal rights.
If a landlord serves a Section 8 notice within 6 months of a tenant raising a legitimate complaint (about repairs, hazards, or other issues), the court can treat it as retaliatory and refuse to grant possession.
Local councils also have a duty to support tenants facing retaliatory action. If you believe your landlord is trying to evict you in retaliation for asserting your rights, contact your council's housing enforcement team and use our report issue tool to document the timeline.
What About Student Tenancies?
Student tenancies in purpose-built student accommodation (PBSA) are treated differently. The Act includes provisions for a new ground for possession specific to student lets, allowing landlords of qualifying student accommodation to recover possession at the end of the academic year.
For students renting ordinary private properties (houses, flats), the same rules apply as for all other tenants: no Section 21, reformed Section 8 grounds, and the 12-month protected period.
Universities and accredited student accommodation providers will be able to use the student-specific ground, but only for properties registered as student accommodation. A landlord who happens to rent to students in a normal house cannot use this ground.
Frequently Asked Questions
Yes, but only using Section 8, which requires a specific legal ground. They must prove a genuine reason such as rent arrears, wanting to sell the property, or wanting to move back in. For the first 12 months of your tenancy, the selling and moving-in grounds cannot be used.
If a Section 21 notice was served before 29 April 2026, the landlord must file a court application by 31 July 2026 for it to remain valid. If they miss that deadline, the notice expires permanently and cannot be reissued because Section 21 no longer exists.
Tenants can end a periodic tenancy by giving 2 months' notice at any time. There is no minimum stay period for tenants. If you are in a fixed-term tenancy that has not yet expired, you will need to wait until it converts to periodic or negotiate an early exit with your landlord.
No. The protected period blocks grounds related to selling, moving in, and redevelopment. Grounds related to tenant behaviour (rent arrears, antisocial behaviour, breach of tenancy terms) can be used at any time during the tenancy.
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Disclaimer
This article provides general information about tenant rights in England based on legislation current as of 2026. It is not legal advice. Laws differ in Scotland, Wales, and Northern Ireland. If you need help with a specific situation, contact Shelter (0808 800 4444) or Citizens Advice.