Section 21 Is Abolished — What Now?

What was Section 21?

Section 21 of the Housing Act 1988 gave landlords the right to end an assured shorthold tenancy without giving a reason, provided the tenancy's fixed term had expired and at least two months' notice was given. It was widely used by landlords wanting to sell a property, move in themselves, or simply end a tenancy without having to go through the courts.

The section 21 process was controversial because it gave landlords significant power to evict tenants with little justification, often at short notice. It was also frequently used — or threatened — to silence tenants who complained about disrepair.

What replaced it?

Section 8 is now the only route to end a tenancy the tenant does not wish to leave. Section 8 requires the landlord to prove one of the statutory grounds for possession set out in Schedule 2 of the Housing Act 1988. These include:

• Rent arrears — Ground 8 (mandatory, 2+ months' arrears) or Grounds 10/11 (discretionary)
• Breach of tenancy — Ground 12 (breach of obligations)
• Antisocial behaviour — Ground 14 (nuisance or annoyance)
• Landlord wanting to sell — specific new grounds introduced under the RRA apply; see GOV.UK for the current list
• Landlord or family wanting to occupy — Ground 1 (with conditions)

The grounds must be stated on a valid Form 3A notice. After the notice period expires, if the tenant has not vacated, the landlord must apply to the court for a possession order.

What if I served a Section 21 notice before 1 May 2026?

Transitional provisions applied at commencement. If you have a Section 21 notice that was validly served before 1 May 2026 and has not yet been acted upon, you should seek legal advice promptly — any ongoing proceedings may be subject to transitional rules with strict timelines.

Tenant City cannot assist with progressing pre-commencement Section 21 notices. For this, consult a specialist landlord solicitor.

What this means for day-to-day property management

The end of Section 21 changes how landlords need to think about several things:

• Documentation is more important than ever — to use Section 8 grounds, you need records. Rent arrears history, breach notices, maintenance logs, and correspondence must be kept systematically.
• Compliance must be maintained — if your compliance documents (Gas Safety, EPC, How to Rent) were not served correctly, the court may refuse a possession order on certain grounds.
• Periodic tenancies are the new normal — there are no fixed-term tenancies to “let expire”. All tenancies roll on until ended by notice.
• Tenants can give two months' notice to leave — a tenant who wants to leave still can; you just cannot force them out without proven grounds.

How Tenant City helps in the post-Section 21 world

• Section 8 (Form 3A) generation — generate legally compliant possession notices with the correct grounds and notice periods
• Compliance tracking — Gas Safety, EPC, How to Rent, Right to Rent, and deposit protection tracked per property so you are always court-ready
• Rent tracking and arrears alerts — full rent payment history with alerts when rent is overdue, giving you the Ground 8 evidence trail you need
• Maintenance logs — every maintenance request and response timestamped, supporting your defence of “retaliatory eviction” claims
• Document storage — tenancy agreements, move-in packs, inspection reports, and correspondence stored securely per tenancy

Further reading

• Renters' Rights Act 2025 — full landlord guide
• Section 8 notice and Form 3A — how it works
• How to increase rent legally under Section 13