In a seismic shift for the private rental market, landlords in England will no longer be able to rely on the traditional Section 21 “no-fault” eviction route for new tenancies.
The change follows the advent of the Renters’ Rights Act 2025, which has now received Royal Assent, confirming the long-planned abolition of Section 21. You can find out more about the Renters’ Rights Act in our explainer here.
The reform now brings England into line with Scotland and Wales, ending a process that allowed landlords to recover possession without proving fault.
Existing tenancies: can Section 21 still be used?
Section 21 is being phased out rather than removed overnight. Phase 1 of the Renters’ Rights Act is expected to commence on 1 May 2026, and from that date:
- No new Section 21 notices can be issued.
- Any valid notices served before 1 May 2026 may still proceed, subject to transitional rules.
- Court claims using the Section 21 route must be issued by 31 July 2026. After this point, the Section 21 process will no longer be available.
Until the commencement date, landlords with existing assured shorthold tenancies (ASTs) can still use Section 21, provided all statutory requirements are met.
Requirements that still apply (until 1 May 2026)
A Section 21 notice remains invalid if the landlord has not complied with the usual conditions, including:
- The tenancy began less than four months ago, or the fixed term has not expired (unless a break clause applies).
- The deposit was not protected in an approved scheme.
- The tenant has not been given the EPC, Gas Safety Certificate (if applicable), or the “How to Rent” guide.
- An improvement or emergency repair notice has been served by the local authority within the past six months.
- Any prohibited fees or unlawful deposits have not been repaid.
Notice period and enforcement
Until the law changes, the standard minimum two-month notice period continues to apply. A notice must still comply with the current AST framework, though the relevance of fixed terms will fall away once all tenancies convert to periodic arrangements under the new system.
After 1 May 2026:
- Section 21 will be fully switched off.
- All possession claims must rely on the updated Section 8 grounds, each with its own prescribed notice period.
What happens once Section 21 is abolished?
Landlords will need to use Section 8, which requires a specific statutory ground for possession. Examples include:
- Serious rent arrears or persistent late payment
- Breach of tenancy terms or anti-social behaviour
- The landlord’s intention to sell or move into the property
Successful applications will require evidence, meaning landlords should ensure accurate and well-kept records.
Key takeaways
- Section 21 will be abolished from 1 May 2026, as part of Phase 1 of the Renters’ Rights Act.
- It remains available for existing ASTs until that date, and court claims must be issued by 31 July 2026.
- Landlords should prepare to rely on the revamped Section 8 possession grounds going forward.
- Tenants will benefit from greater security of tenure, though contractual obligations remain unchanged.
Have questions about what this will mean for you as either a tenant or landlord? Contact us today.
Have questions? Get in touch today!
Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.
Email us on info@lisaslaw.co.uk.
Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/
For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.
