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Section 21 Eviction: What Tenants Need to Know

Last updated: 1 April 2026

Contents

What is a Section 21 Notice?

A Section 21 notice (also called a 'no-fault eviction' notice) was a mechanism under the Housing Act 1988 that allowed landlords in England to evict assured shorthold tenants without giving any reason. The landlord simply had to give you at least two months' written notice.

Section 21 was widely criticised because tenants could be evicted even if they had done nothing wrong, paid rent on time, and kept the property in good condition. It was often used as retaliation when tenants complained about repairs or poor conditions.

The Renters' Rights Act 2025

The Renters' Rights Act 2025 (which received Royal Assent in late 2025) abolishes Section 21 no-fault evictions in England. This is the biggest change to private renting law in over 30 years.

Key changes under the Act:

  • Section 21 is abolished. Landlords can no longer evict tenants without a valid reason.
  • All tenancies become periodic. Fixed-term assured shorthold tenancies are replaced by periodic tenancies that roll on month to month. Tenants can leave by giving two months' notice at any time.
  • Section 8 grounds are reformed. Landlords must use Section 8 of the Housing Act 1988 (which requires a valid ground for possession) to evict tenants. New and amended grounds include selling the property, moving back in, and persistent rent arrears.
  • A new Private Rented Sector Ombudsman is established to resolve disputes between tenants and landlords without going to court.
  • A Landlord Register (the Private Rented Sector Database) requires all landlords to register and meet baseline standards.

    • Transitional Rules

    The abolition of Section 21 is being implemented in phases. The exact commencement dates depend on secondary legislation, but the government confirmed the transition is underway in 2026.

    During the transition period:

  • Existing fixed-term tenancies continue until their fixed term expires, at which point they convert to periodic tenancies under the new rules
  • Section 21 notices served before the abolition date remain valid if they meet all existing requirements
  • New tenancies created after the commencement date are immediately subject to the new rules
  • Landlords who already served a valid Section 21 notice before the abolition date have a limited window to apply to the court for a possession order

    • Check the government's official guidance at gov.uk for the latest commencement dates and transitional provisions.

    Valid Grounds for Eviction Under the New System

    Under the reformed Section 8, landlords can still seek possession, but only on specific grounds. The key grounds include:

    Mandatory grounds (court must grant possession):

  • Ground 1: The landlord wants to sell the property (12 months' minimum tenancy before this can be used)
  • Ground 1A: The landlord or a close family member wants to move into the property (12 months' minimum tenancy)
  • Ground 8: The tenant has at least two months' rent arrears at both the date of the notice and the date of the hearing

    • Discretionary grounds (court decides based on reasonableness):

  • Ground 10: Some rent is unpaid at the date of the notice and hearing
  • Ground 12: The tenant has broken a term of the tenancy agreement
  • Ground 14: The tenant or someone living with them has caused nuisance or annoyance

    • Under the new system, landlords must give four months' notice for most grounds, giving tenants more time to find alternative housing.

    How to Challenge an Invalid Section 21 Notice

    Even under the old system, many Section 21 notices were invalid. If you received a Section 21 notice before the abolition, check the following:

    A Section 21 notice was invalid if:

  • Your deposit was not protected in a government-approved scheme
  • You were not given the prescribed information about the deposit scheme
  • You were not given a valid Energy Performance Certificate (EPC)
  • You were not given the government's "How to Rent" guide
  • You were not given a current gas safety certificate
  • The notice was served within the first four months of the tenancy
  • The notice was served within six months of a council improvement notice or Environmental Health complaint (retaliatory eviction protection under the Deregulation Act 2015)
  • The notice period given was less than two months

    • If any of these apply, do not leave the property. Seek advice from Shelter (shelter.org.uk) or Citizens Advice immediately. The court cannot grant a possession order based on an invalid notice.

    What to Do If You Receive an Eviction Notice

    Do not panic, and do not leave immediately. A notice is not an eviction; it is the start of a legal process. Here is what to do:

  • Check the notice is valid using the criteria above
  • Do not leave before the notice expires. You have at least two months (or four months under the new rules) to find somewhere else
  • Get free legal advice. Contact Shelter (0808 800 4444), Citizens Advice, or your local council's housing team
  • If the notice is invalid, respond in writing explaining why and stating that you do not intend to leave
  • If the landlord applies to court, you have the right to attend the hearing and present your defence. The court will check the notice's validity before granting any order
  • Even if a possession order is granted, only court-appointed bailiffs can physically remove you. Your landlord cannot change the locks, remove your belongings, or force you out. Doing so is a criminal offence (illegal eviction under the Protection from Eviction Act 1977).

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    Related Guides

    Deposit Protection

    How deposit protection works, the 3 government schemes, deadlines, and what happens when your landlord fails to comply.

    Repairs and Maintenance

    Landlord obligations under Section 11, repair timescales, reporting process, and council enforcement powers.

    Quiet Enjoyment

    Your right to live undisturbed, landlord entry rules, what counts as harassment, and legal remedies.

    Disclaimer

    This guide provides general information about tenant rights in England based on legislation current as of 2026. It is not legal advice. If you need help with a specific situation, contact Shelter (0808 800 4444) or Citizens Advice.