What is Section 21 and why is it being abolished?
Section 21 of the Housing Act 1988 allows landlords to bring an Assured Shorthold Tenancy to an end without providing a specific reason, provided the correct notice and procedural requirements are met. For that reason, it has long been referred to as a ‘no-fault’ eviction.
The government’s decision to abolish Section 21 is rooted in a broader objective to improve tenant security and housing standards. By removing the ability to evict without cause, the government hopes that tenants will feel more confident about raising concerns about poor property conditions or unfair practices without fear of losing their home.
At the same time, the legislation aims to retain a fair balance. Landlords will still be able to recover possession of their property, but only where there is a legitimate and provable reason for doing so.
What is actually changing on 1st May 2026?
Three major changes take effect simultaneously on the commencement date:
- Section 21 ‘no-fault’ evictions are abolished. Landlords in England can no longer end a tenancy without a specific legal reason
- All Assured Shorthold Tenancies (ASTs) automatically convert to Assured Periodic Tenancies (APTs), rolling month-to-month agreements with no fixed end date
- The accelerated possession route is removed. Subject to transitional provisions, every possession claim now requires a court hearing, with no paper-only shortcut
For landlords who have relied on Section 21 as a straightforward route to possession – whether to sell a property, manage a difficult tenancy or regain flexibility over their portfolio, this demands a significant change in approach. From 1st May 2026, landlord eviction rights in England are entirely grounds-based, evidence-driven and court-dependent. Broadly, there is no transitional grace period for this shift. It applies on 1st May 2026, to every tenancy in England’s private rented sector.

Critical dates: Section 21 abolition timeline
The following deadlines are confirmed under the Renters’ Rights Act 2025. Missing any of these has serious legal and financial consequences.
| Date | Deadline | Action required |
|---|---|---|
| 30th April 2026 | Final date to serve Section 21 | Notices must be validly served before this date. Seek legal advice now if you have not yet acted. |
| 1st May 2026 | Section 21 abolished | No new Section 21 notices can be served. All possession claims move to a Section 8, grounds-based system. |
| 31st May 2026 | Information Sheet deadline | Issue the government Renters’ Rights Act Information Sheet to all existing tenants or face a civil penalty (up to £7,000). |
| 31st July 2026 | Transitional court backstop | If you have served a Section 21 notice before the 1 May 2026, you can apply to the court for a claim form until this date. If you miss this then the notice is void and you will need to reissue under the new procedures. |
What is replacing Section 21? The new eviction grounds
There is no direct replacement for Section 21. Landlords in England must use Section 8 of the Housing Act 1988 and prove a specific statutory ground for possession. The key grounds landlords and solicitors need to understand are:
Ground 8 — Serious rent arrears (mandatory, amended)
- Arrears threshold increases from 2 months to 3 months
- Arrears must exist at both the notice date and the hearing date. If the tenant clears below the threshold before the hearing, the ground fails
- Notice period doubles from 2 weeks to 4 weeks
- Arrears caused by Universal Credit payment delays must be excluded from the calculation
Ground 11 — Persistent arrears (new mandatory ground)
Applies where a tenant has been at least 2 months in arrears on 3 or more separate occasions in the preceding 3 years. This closes the common loophole of clearing arrears just before a hearing to defeat Ground 8. Four weeks’ notice is required.
Ground 1A — Landlord intends to sell (new mandatory ground)
- 4 months’ notice is required
- Cannot be used within the first 12 months of the tenancy
- Property cannot be re-let for 12 months after possession is obtained
- Misuse carries fines of up to £40,000
Note: While administrative errors like missing the Information Sheet deadline carry fines up to £7,000, serious offenses (such as breaching the 12-month re-letting ban or unlawful eviction) can result in penalties of up to £40,000.
Ground 1 — Landlord or family member requires the property (amended)
Notice period increases from 2 to 4 months. The same 12-month protected period and 12-month re-letting restriction apply as Ground 1A.
Full details of all revised grounds are set out in Schedule 1 of the Renters’ Rights Act 2025 and the accompanying government implementation roadmap at GOV.UK.
How this affects landlords in England: timeline, risk and what to do now
With the accelerated route removed, even a clear-cut Ground 8 rent arrears eviction will take 3 to 6 months from notice to possession order under current court conditions and timelines are expected to lengthen as demand increases post-May 2026. Every day the process runs, arrears accumulate and financial exposure grows.
The risks of procedural errors are now severe. Any mistake on the Section 8 Form, whether that’s wrong ground, outdated template version or incorrect notice period, will void the entire claim and force the process restart from scratch. Before granting possession, courts will also examine whether the landlord has met all compliance obligations:
- Valid Energy Performance Certificate (EPC)
- Current gas safety certificate
- Deposit protected and prescribed information served within 30 days of receipt
- Applicable property licensing in place
Failure in any of these areas can defeat an otherwise strong possession claim. Preparation and documentation are now the core of any successful eviction strategy in England.
To be ready for 1st May 2026, landlords and solicitors should:
- Audit every tenancy for full compliance before the commencement date
- Update all notice templates to the new Form 3 before May 2026 as using an outdated version invalidates the entire claim
- Build real-time rent arrears records and act the moment the 3-month Ground 8 threshold is reached
- Document every late payment, complaint, maintenance visit and communication throughout the tenancy lifecycle
- Strengthen tenant referencing processes. Preventing a problematic tenancy is significantly cheaper than a contested 6-month Section 8 claim
- Review rent guarantee insurance policies to ensure coverage begins at the first missed payment and extends through realistic court timelines
The Renters’ Rights Act 2025 itself is available in full at legislation.gov.uk for landlords and solicitors who wish to review the statutory grounds directly.

How Equivo supports landlords and solicitors through the new eviction regime
The shift to a grounds-only, court-dependent eviction system in England means the margin for procedural error has been effectively eliminated. A single mistake – wrong form, missing evidence, non-compliant notice period – can set a possession claim back months while financial losses to the Landlord increase.
Equivo specialises in property enforcement, including residential eviction, commercial rent arrears recovery and commercial lease forfeiture across England and Wales. We manage compliant possession processes from initial notice through to physical recovery of the property. Equivo works with landlords and solicitors to navigate the post-Section 21 landscape with precision, reducing the risk of costly errors, ensuring evidential standards are met at every stage and executing enforcement swiftly once a possession order is granted.
The Renters’ Rights Act 2025 is the most significant change to landlord eviction rights in England in over 30 years. Preparation, compliance and specialist support are now the foundation of any reliable possession strategy.
If you are a landlord or solicitor managing possessions claims under the new regime and require expert guidance on residential enforcement, contact Equivo today or call our expert team on 020 7788 8484 to find out how our residential enforcement service can support you.
Frequently asked questions (FAQs)
When is Section 21 being abolished in England?
Section 21 is abolished on 30th April 2026 under the Renters’ Rights Act 2025. This applies exclusively to England’s private rented sector. Scotland, Wales and Northern Ireland have separate rental legislation and are not affected by this change.
When is the last date to serve a Section 21 notice?
The deadline varies by method of service. Serving by first-class post: the notice must be dispatched by 28th April 2026. If serving by hand the notice must be delivered by 30th April 2026. Any landlord who has not yet acted should take specialist legal advice immediately. Do not wait until the final week, given existing court backlogs.
Can landlords still evict tenants in England after no-fault evictions are abolished?
Yes. Landlords retain the right to recover possession after 1st May 2026, but must prove a specific legal ground. Grounds include serious rent arrears (Ground 8), persistent arrears (new Ground 8A), intention to sell (new Ground 1A) and anti-social behaviour. Every claim now requires a court hearing.
What replaces Section 21 evictions?
There is no direct replacement. Landlords must use a valid statutory ground. The accelerated possession route, which previously allowed paper-only Section 21 claims without a hearing, has been removed. All evictions in England now require a court hearing.
How much rent arrears are needed to evict a tenant under the new rules?
Under the new Ground 8, a tenant must owe at least 3 months’ rent at both the notice date and the hearing date. The notice period is 4 weeks. Arrears attributable to Universal Credit delays must be excluded. Landlords can also use new Ground 11 where a tenant has been 2+ months in arrears on 3 separate occasions in the preceding 3 years.
How long does a Section 8 eviction take in England?
Currently, a Ground 8 rent arrears claim takes approximately 3 to 6 months from notice to possession order. With the removal of the accelerated route and significantly increased court demand after 1st May 2026, eviction timelines in England are expected to lengthen. Early action and comprehensive documentation are essential to avoiding further delays.
Can a landlord evict a tenant to sell a property in England?
Yes, under new mandatory Ground 1A introduced by the Renters’ Rights Act 2025. Four months’ notice is required and the tenancy must have been running for at least 12 months before the notice expires. The property cannot be re-let for 12 months after possession. Misuse of this ground risks fines of up to £40,000.
Does the Renters’ Rights Act 2025 apply to existing tenancies?
Yes. On 1st May 2026, all existing Assured Shorthold Tenancies in England’s private rented sector automatically convert to Assured Periodic Tenancies. There is no phased transition for existing tenancies.
Does Section 21 abolition apply in Scotland or Wales?
No. The Renters’ Rights Act 2025 applies to England only. Scotland abolished equivalent no-fault evictions under the Private Housing (Tenancies) (Scotland) Act 2016. Wales has its own rental framework under the Renting Homes (Wales) Act 2016. If your properties are in Scotland or Wales, different rules apply.
This article is intended to provide general information only and, as such, does not constitute legal or other professional advice. You should seek appropriate legal advice before taking or refraining from taking any action in reliance on any information contained in this article.
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Jonathan is Founder and Director and leads our Enforcement Services Division from our Central London offices.





