What is a Section 21 notice and why has it been abolished?

For many years, Section 21 was one of the most commonly used routes for landlords to recover possession of a rental property. However, as of Friday, 1 May 2026, Section 21 “no-fault” evictions have been officially abolished, marking one of the most significant reforms to the private rented sector in decades. 

This guide explains what Section 21 was, how it operates, and what its abolition means for both landlords and tenants. 

What was a Section 21 notice? 

A Section 21 notice, commonly known a “no-fault eviction,” was a legal document used in England to terminate an assured shorthold tenancy under the Housing Act 1988. It was described as “no-fault” because landlords did not need to provide a specific legal reason for requiring the tenant to leave the property.

How did a Section 21 notice work?  

Before its abolition, landlords followed a structured legal process:

• Serve a valid Section 21 notice (Form 6A), giving at least two months’ notice
• Wait for the notice period to expire
• Apply to the county court for a possession order if the tenant remained
• Use court-appointed bailiffs to carry out the eviction if necessary

What’s changed now? 

Since 1 May 2026, landlords can no longer issue new Section 21 notices. Any ongoing cases must have been initiated before the deadline and follow transitional rules, with court proceedings required to begin by 31 July 2026.

All new possession claims must now be made under Section 8 of the Housing Act 1988, which requires landlords to provide a valid legal ground for eviction.

What replaces Section 21?

Section 8 is now the sole legal route to regain possession. The government has expanded and strengthened the grounds to make sure landlords can still act where necessary, including:

• Selling the property
• Moving in themselves or a close family member
• Repeated or serious rent arrears

However, these grounds come with stricter conditions and longer notice periods in some cases.

Changes to rent arrears evictions

One of the most significant reforms relates to serious rent arrears.

Under the new rules:

• Tenants must be at least three months in arrears before notice can be served
• The minimum notice period has increased from two weeks to four weeks

In practice, this means landlords may receive no rental income for several months before they can begin formal proceedings. When combined with court processing times, regaining possession could take six months or more in some cases.

What this mean for landlords

The abolition of Section 21 introduces a more structured, evidence-based system. While landlords retain the ability to recover possession, the process is now more regulated and, in many cases, slower.

As a result, risk management is more important than ever. Landlords should:

• Carry out thorough tenant referencing and affordability checks
• Keep detailed records throughout the tenancy
• Act promptly if issues such as rent arrears arise
• Check they’re fully complying with all legal obligations

The abolition of Section 21 represents a major shift in the private rented sector. The government says the reform is intended to strengthen tenant protections and increase stability, giving tenants greater security in their homes. For landlords, however, it will mean adapting to a new legal framework for regaining possession of their property. 

Housing Secretary Steve Reed said: 

“We’re calling time on no fault evictions and rogue landlords. Everyone should have peace of mind and the security of a roof over their head – the law we’ve just passed delivers that.” (gov). 

Why clear communication is your best defence 

The most effective way to avoid the stress of evictions is to build a positive relationship between landlord and tenant. Clear communication sets expectations from the very beginning. 

Landlords should respond promptly to maintenance requests. Tenants should report issues immediately and pay rent on time. When both parties respect the tenancy agreement, the need for ending a tenancy through eviction drops dramatically. 

Where disagreements do occur, whether about property condition or deposit deductions, resolving matters outside of court is usually the most practical solution. Using our free, structured dispute resolution service can help address issues quickly and fairly. This approach is typically faster, more cost-effective, and far less stressful than pursuing lengthy legal proceedings.  

By understanding the rules around eviction, you can navigate the changing rental landscape with absolute confidence. Preparation, compliance, and professionalism are your greatest assets. 

Download our Renters’ Rights Act Readiness checklist for landlords in England to understand your legal responsibilities and make sure you are fully prepared for the new rules now in force.

Stay compliant with new eviction rules

With the abolition of Section 21, it is more important than ever for landlords and agents to stay compliant across every part of the tenancy process, including deposit protection. Using a government authorised scheme like mydeposits helps reduce risk, avoid penalties and resolve disputes efficiently if issues arise.

For landlords and letting agents
If you have taken a deposit, you must protect it within 30 calendar days. Join mydeposits now to stay compliant, safeguard deposits and access independent dispute resolution.

For tenants
You have the right to know your deposit is protected and handled fairly. Check your deposit here and understand what steps to take if there is a problem.

With clear processes, expert guidance and impartial adjudication, mydeposits supports landlords, agents and tenants through every stage of the tenancy, especially as the rental landscape continues to evolve.