Section 21 notice: abolished 1 May 2026, what to use now
By TenancyDesk · Sources checked
A private landlord in England can no longer serve a section 21 notice. Section 21 ‘no fault’ evictions ended on 1 May 2026. A notice served before that date could be used to apply to court until 31 July 2026 at the latest. Landlords now need a legal ground and a section 8 notice on Form 3A.
- Section 21 ended
- 1 May 2026 (private renting, England)
- Last day to apply to court on an old notice
- 31 July 2026, or earlier if the notice ran out first
- What replaced it
- Section 8 notice on Form 3A, with a ground
- Notice to sell or move in
- 4 months, not in the first 12 months
- Form 6A today
- Social housing landlords, not private landlords
Is section 21 still valid?
No, not for a private landlord in England. GOV.UK says that since 1 May 2026 you can give your tenant a notice under section 8 of the Housing Act 1988 and nothing else. You cannot serve a section 21 notice from that date, even if the tenancy agreement says you can.
A section 21 notice was the ‘no fault’ notice: it let a landlord ask for a property back without giving a reason. It worked for assured shorthold tenancies. On 1 May 2026 every assured shorthold tenancy in the private sector became an assured periodic tenancy, a rolling tenancy with no end date, and the no fault route went with it.
This guide covers England. Scotland, Wales and Northern Ireland have their own rules and procedures.
Sources: GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: ending an assured periodic tenancy
When was section 21 abolished?
Section 21 was abolished for private renting in England on 1 May 2026, the day the main tenancy reforms in the Renters’ Rights Act 2025 took effect. The last day a private landlord could give a section 21 notice was 30 April 2026.
People still search for when section 21 will be abolished because the change was promised for years before it happened. It has now happened. The other reforms that started on the same day are set out in our Renters’ Rights Act checklist for landlords.
Sources: GOV.UK: giving notice of possession to tenants before 1 May 2026 · GOV.UK: repossessing your privately rented property on or after 1 May 2026
What happened to a section 21 notice served before 1 May 2026?
A section 21 notice that was valid immediately before 1 May 2026 did not vanish overnight, but it had a short life. GOV.UK says you must have used it to start court proceedings by whichever came first: the time left on the notice, or 31 July 2026. If the earliest date in your notice for starting proceedings was on or after 1 August 2026, the notice could not be used at all.
That window has closed. GOV.UK now says: ‘You can no longer apply for a possession order using a section 8 or section 21 notice which you gave to your tenant before 1 May 2026.’ If you asked the court to issue a claim on or before 31 July 2026, the case carries on until the proceedings have finished.
If the judge does not make a possession order and the claim is dismissed, GOV.UK says the tenancy becomes an assured periodic tenancy from the date of dismissal, with the new rights and duties that brings.
| Your situation | What GOV.UK says |
|---|---|
| Section 21 notice served, no court claim by 31 July 2026 | The notice can no longer be used. Start again with a section 8 notice. |
| Section 21 notice served, claim issued on or before 31 July 2026 | The case continues until proceedings conclude. |
| Old section 8 notice served before 1 May 2026, no claim | Usable until 12 months after service or 31 July 2026, whichever came first. That date has passed. |
| Old section 8 notice for rent arrears, tenant was in a breathing space | You may have 8 weeks from the day the breathing space ended to go to court. |
| Claim dismissed by the judge | The tenancy becomes an assured periodic tenancy from that date. |
Sources: GOV.UK: giving notice of possession to tenants before 1 May 2026 · GOV.UK: accelerated possession orders
What makes a section 21 notice invalid?
For any case still in court, the old validity rules decide the outcome. GOV.UK lists what had to be true for a section 21 notice to be valid. If one item is missing, the tenant can defend the claim and the judge can dismiss it. If you are in that position, get legal advice before the hearing.
- The tenant had an assured shorthold tenancy and the notice was given on or before 30 April 2026.
- The tenancy started at least 4 months before the date the notice was given.
- The notice was on Form 6A, or a form substantially to the same effect, and gave at least the minimum notice.
- Any deposit was in a government-approved scheme and the tenant was given the required information. See our guide to tenancy deposit protection.
- The tenant was given a valid gas safety certificate (where there is gas), an Energy Performance Certificate and the ‘How to rent’ guide.
- Any payment banned by the Tenant Fees Act 2019 had been repaid.
- The property had a council licence, or an application for one, if it needed one.
Sources: GOV.UK: giving notice of possession to tenants before 1 May 2026
Form 6A and section 21 notice templates
Form 6A was the official section 21 form. It still exists on GOV.UK, but it now sits with the social housing forms and carries a warning: ‘Do not use this form if the property is rented privately. Section 21 ‘no fault’ evictions are not available for privately rented properties.’
Any section 21 notice template you find online for a private let is out of date. Serving one today gives the tenant nothing they have to act on, and it can cost you. GOV.UK’s enforcement guidance says a council can fine a landlord up to £7,000 for trying to end a tenancy with a notice that is not a proper section 8 notice.
The current form for private landlords is Form 3A, free from the GOV.UK assured tenancy forms page. Our guide to the section 8 notice and Form 3A explains how to complete and serve it.
Sources: GOV.UK: assured tenancy forms (Form 3A and Form 6A) · GOV.UK: enforcement measures for landlords under the Renters’ Rights Act 2025
What replaced section 21?
Section 8 replaced it. You now need a legal reason, known as a ground for possession, and you name it in a section 8 notice on Form 3A. The grounds that do the job section 21 used to do are Ground 1 (you or close family moving in) and Ground 1A (selling). Both need 4 months’ notice and neither can be used to end a tenancy in its first 12 months.
There is a further limit. After relying on Ground 1 or 1A you cannot re-let or re-market the property for 12 months, with narrow exceptions. The full list is in our table of section 8 grounds for possession.
| Your reason | Ground | Minimum notice |
|---|---|---|
| You or close family need to live there | Ground 1 (mandatory) | 4 months |
| You want to sell | Ground 1A (mandatory) | 4 months |
| At least 3 months’ rent is owed | Ground 8 (mandatory) | 4 weeks |
| Some rent is owed, or rent is often late | Grounds 10 and 11 (discretionary) | 4 weeks |
| The tenant has broken the agreement | Ground 12 (discretionary) | 2 weeks |
| Antisocial behaviour | Ground 14 (discretionary) | None: apply to court straight away |
Sources: GOV.UK: grounds for possession, guidance for landlords · GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: enforcement measures for landlords under the Renters’ Rights Act 2025
Tenant refusing to leave after a section 21 notice
A tenant has never had to leave just because a notice ran out. A notice starts the process. If the tenant stays, a landlord has to get a possession order from the court, and then a warrant so that court bailiffs carry out the eviction. Changing the locks or removing a tenant yourself is illegal eviction.
What you do now depends on whether a court claim exists. If a claim on your section 21 notice was issued on or before 31 July 2026, it continues. If the judge makes a possession order, the tenant will normally have 14 days to leave, or up to 42 days in a case of exceptional hardship, and you can apply for a warrant if they stay.
If no claim was issued in time, the section 21 notice is spent. You need a ground and a new notice on Form 3A. Our step by step guide on how to evict a tenant in England covers the court stages.
Sources: GOV.UK: giving notice of possession to tenants before 1 May 2026 · GOV.UK: accelerated possession orders
What to do now if you need your property back
Work through these steps in order. They are a way to organise the job, not legal advice. Get advice where a deadline was missed or the tenant disputes your reason.
- Check whether a court claim was issued on your old notice on or before 31 July 2026. If it was, follow the court’s directions.
- If not, treat the old notice as finished and do not rely on it in letters to the tenant.
- Pick the ground that matches your real reason and read its conditions, including the 12-month rule for Grounds 1 and 1A.
- Check the deposit paperwork: the court will look at it before making an order.
- Complete Form 3A with the full legal wording of each ground. You can use the Form 3A section 8 notice generator to fill it in.
- Serve a copy on every tenant and keep a record of how and when.
Sources: GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: assured tenancy forms (Form 3A and Form 6A)
Common questions
When did section 21 end?
Section 21 ended for private landlords in England on 1 May 2026, when the Renters’ Rights Act 2025 tenancy reforms took effect. The last day to give a section 21 notice was 30 April 2026. From 1 May a private landlord needs a legal ground and a section 8 notice on Form 3A to seek possession.
Can I still use a section 21 notice I served in April 2026?
No, not unless a court claim was issued on it by 31 July 2026. GOV.UK says 31 July 2026 was the last date to apply for a possession order on a notice given before 1 May 2026. If you missed it, you need to start again with a section 8 notice.
Is Form 6A still used?
Form 6A is still published, but since 1 May 2026 it is for social housing landlords. GOV.UK tells private landlords not to use it because section 21 evictions are not available for privately rented properties. Private landlords use Form 3A, the section 8 notice seeking possession.
Can a landlord evict without a reason in England?
Not since 1 May 2026 for an assured periodic tenancy. A landlord must rely on one of the grounds for possession in the Housing Act 1988, such as selling, moving in, rent arrears or antisocial behaviour, and give the notice period for that ground. Lodgers and other excluded occupiers have different rules.
How much notice does a landlord have to give now?
Between no notice and 4 months, depending on the ground: 4 months to sell or move in, 2 months for some grounds, 4 weeks for rent arrears, 2 weeks for a breach of the agreement, and none for antisocial behaviour. Where a notice uses several grounds, the longest period applies, apart from antisocial behaviour cases.
What happens if my section 21 court claim is dismissed?
If the judge dismisses a claim that was issued by 31 July 2026, GOV.UK says the tenancy becomes an assured periodic tenancy from the date of dismissal. From then on you would need a section 8 ground and a Form 3A notice to seek possession.
Can I be fined for serving a section 21 notice now?
Yes, a council can impose a penalty of up to £7,000. GOV.UK’s enforcement guidance lists trying to end a tenancy with a ‘notice to quit’ or a purported notice of possession among the breaches that carry that penalty. A section 21 notice has no legal effect on a private tenancy today.
Official sources and scope
Checked on 5 October 2026. This is general information for private landlords in England, not legal advice or a complete compliance assessment. Follow the current official guidance for your tenancy and get advice about exceptions, missed deadlines or disputes.
- GOV.UK: giving notice of possession to tenants before 1 May 2026
- GOV.UK: repossessing your privately rented property on or after 1 May 2026
- GOV.UK: assured tenancy forms (Form 3A and Form 6A)
- GOV.UK: accelerated possession orders
- GOV.UK: ending an assured periodic tenancy
- GOV.UK: grounds for possession, guidance for landlords
- GOV.UK: enforcement measures for landlords under the Renters’ Rights Act 2025
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