The private rental sector in England has undergone one of its biggest changes in decades. As part of the Renters’ Rights Act 2025, Section 21 ‘no-fault’ evictions were abolished from 1 May 2026, changing the way landlords can regain possession of their properties and giving tenants greater security in their homes.
For many years, Section 21 was a familiar part of the private rental system. It allowed landlords to seek possession of a property without having to demonstrate that the tenant had done anything wrong.
That option is no longer available.
However, this does not mean that landlords are unable to recover possession of their properties. Instead, landlords generally need to provide a recognised reason, known as a ground for possession, and follow the Section 8 procedure.
So, what has actually changed, and what does the abolition of Section 21 mean for landlords and tenants?
What Was A Section 21 Eviction?
Section 21 formed part of the Housing Act 1988 and was commonly referred to as a ‘no-fault eviction’.
Under the previous system, a landlord could use a Section 21 notice to seek possession of a property without having to prove that the tenant had breached their tenancy agreement.
There were still rules surrounding when a valid Section 21 notice could be served, and landlords generally had to comply with a range of legal requirements. However, the defining feature of Section 21 was that the landlord did not need to establish a particular ground for possession.
For tenants, this could create uncertainty. A household could potentially be asked to leave despite paying its rent on time and looking after the property.
The Renters’ Rights Act was designed, among other things, to provide tenants with greater security while creating a revised possession system for landlords.
When Was Section 21 Abolished?
The change took effect on 1 May 2026 in England.
From that date, private landlords can no longer serve a new Section 21 notice to end an assured tenancy, even where an older tenancy agreement contains wording referring to Section 21.
There are transitional arrangements for some possession proceedings that began before 1 May 2026. This means that a valid notice served under the previous system before the reforms took effect may, in certain circumstances, continue through the possession process.
For notices served under the current system, however, landlords generally need to rely on Section 8 and an appropriate ground for possession.
Can Landlords Still Evict Tenants?
Yes. This is one of the most important points to understand about the reforms.
Abolishing Section 21 did not abolish eviction or prevent landlords from recovering their properties. Instead, landlords generally need to demonstrate that one or more recognised grounds for possession apply.
Since 1 May 2026, a landlord seeking possession under the new system must generally serve the tenant with a Section 8 notice and explain the ground or grounds being relied upon.
Depending on the ground, different notice periods and requirements apply. Some grounds are mandatory. If the landlord proves that a mandatory ground applies, the court must generally grant possession.
Others are discretionary, meaning that even if the ground is established, the court will consider whether granting possession is reasonable.
Landlords therefore still have ways to deal with genuine reasons for recovering a property, but the process is now more closely tied to the circumstances surrounding the tenancy.
What If A Landlord Wants To Sell The Property?
Landlords are still allowed to sell rented properties.
The Renters’ Rights Act introduced a specific possession ground, Ground 1A, where the landlord intends to sell the property.
However, there are protections designed to prevent this ground from effectively becoming a replacement for Section 21.
A landlord cannot require possession using Ground 1A during the first 12 months of a new tenancy. The notice period is generally four months, although a notice can be served before the end of that first year provided the date on which possession is required falls after the protected 12-month period.
There are also restrictions intended to prevent landlords from claiming that they plan to sell a property simply to remove a tenant and then immediately place it back on the rental market.
Following possession under the selling or moving-in grounds, a 12-month restricted period generally applies to re-letting or remarketing the property, subject to specified exceptions.
What If The Landlord Wants To Move Back In?
There is also a possession ground where the landlord, or certain close family members, genuinely needs to live in the property. This is known as Ground 1.
As with the selling ground, the landlord cannot require the tenant to leave using this ground during the first 12 months of a new tenancy. The normal notice period under Ground 1 is four months.
This means landlords retain the ability to regain their property where their circumstances genuinely change, while tenants receive a period of protection after beginning a new tenancy.
What Happens If A Tenant Stops Paying Rent?
The abolition of Section 21 does not prevent landlords from taking action where rent is not paid. Rent arrears remain a ground for possession.
The Renters’ Rights Act possession system contains grounds covering situations where tenants owe rent, alongside grounds relating to issues such as breaches of tenancy agreements, property damage and antisocial behaviour.
The exact procedure and notice period depend on the particular ground being used and the circumstances involved. Landlords should therefore avoid assuming that every possession case follows the same timetable.
What About Antisocial Behaviour?
Landlords are also still able to pursue possession where a tenant, someone living with them or visitors to the property engage in qualifying antisocial behaviour.
The possession regime includes specific grounds relating to antisocial behaviour, with different rules applying depending on the circumstances.
This is important because one concern sometimes raised about abolishing Section 21 was whether landlords would still be able to deal with serious tenant misconduct.
The revised system retains routes for doing so, while requiring the landlord to use the appropriate legal ground rather than relying on a no-fault notice.
What Does The Change Mean For Tenants?
For tenants, the most obvious difference is increased security. A private tenant covered by the new system cannot simply receive a new Section 21 notice requiring them to leave without the landlord relying on a recognised possession ground.
The reforms also changed the wider structure of private tenancies.
Existing assured shorthold tenancies generally became assured periodic tenancies on 1 May 2026, and new assured tenancies are also periodic. Instead of having a fixed end date, they normally continue on a rolling basis until the tenant ends the tenancy, the parties agree to end it or the landlord lawfully obtains possession.
For tenants, this can make it easier to treat a rented property as a longer-term home without a fixed tenancy expiry date hanging over them.
However, tenants are still responsible for complying with their tenancy agreement, including paying their rent and looking after the property.
The abolition of Section 21 should therefore be understood as a change to how landlords obtain possession, rather than a removal of tenants’ responsibilities.
What Does The Change Mean For Landlords?
For landlords, the biggest change is the importance of understanding the possession grounds before attempting to end a tenancy.
Under the previous system, Section 21 could sometimes provide a relatively straightforward route to possession without the landlord needing to establish why the property was required back.
That option has disappeared.
Landlords now need to identify an appropriate ground, ensure its requirements are satisfied and provide the correct notice.
For possession notices served under the current system, landlords generally need to use Form 3A, or a form containing substantially the same information, and clearly explain the grounds being relied upon and why they apply.
If the tenant does not leave after the notice period and the matter proceeds to court, the landlord may need to provide evidence supporting the ground.
Mistakes in the notice or possession process can potentially result in delays or a claim being dismissed, making it increasingly important for landlords and letting agents to keep accurate records and follow the correct procedures.
Does A Tenant Have To Leave When They Receive A Section 8 Notice?
Receiving a possession notice does not itself amount to a court order. If a tenant does not leave by the end of the notice period, the landlord will generally need to apply to the court for possession.
Tenants can check whether the notice has been served correctly, whether the stated possession ground applies and whether the information provided by the landlord is accurate. Where a possession claim reaches court, a tenant may also have an opportunity to dispute the landlord's case or explain relevant changes in circumstances.
Landlords should therefore never attempt to bypass the correct legal possession process.
A Major Change For England's Rental Market
The abolition of Section 21 represents a fundamental shift in the relationship between landlords and tenants in England.
Tenants now have greater protection from being required to leave a property without a stated reason, while landlords retain clearly defined routes for recovering possession when there is a legitimate need to do so.
A landlord can still sell their property. They can still move back into it in qualifying circumstances. They can still take action over serious rent arrears, breaches of the tenancy agreement, property damage or antisocial behaviour.
The difference is that the landlord must now rely on the appropriate possession ground and follow the required process.
For both landlords and tenants, understanding these rules is increasingly important. The Renters’ Rights Act has changed not only Section 21 but the wider structure of private renting, making familiarity with the new system essential for anyone renting out — or living in — a privately rented property in England.
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