Section 21 Abolition: What It Means for Existing Tenancies (2026)
9 June 2026 · AgentCheck Editorial · 8 min read
Part of our UK Landlord Legal Guide
Section 21 was abolished in England on 1 May 2026, and it applied to existing tenancies as well as new ones. Every assured shorthold tenancy became an assured periodic tenancy automatically. Landlords can still get possession, but only with a Section 8 notice relying on a legal ground.
For more than 30 years the Section 21 "no-fault" notice was how most landlords in England ended a tenancy. The Renters' Rights Act 2025 removed it, and it did so for tenancies that were already running, not just agreements signed afterwards. If you have tenants in place, this guide explains what has already changed, what happened to notices served before the switch, and how you regain possession now.
What changed on 1 May 2026
Section 21 of the Housing Act 1988 used to let a landlord end an assured shorthold tenancy without giving a reason. From 1 May 2026:
- Section 21 is abolished and no new Section 21 notice can be served.
- Assured shorthold tenancies no longer exist. Every tenancy is an assured periodic tenancy that rolls from month to month.
- New fixed terms cannot be created.
- To end a tenancy, a landlord must serve a Section 8 notice relying on a statutory ground and, if the tenant does not leave, get a court order.
Did it apply to existing tenancies?
Yes. There was no grandfathering. A tenancy signed years ago converted on 1 May 2026 in exactly the same way as one signed the week before. The conversion happened by law, so neither landlord nor tenant had to sign anything.
That last point matters. Do not ask a sitting tenant to sign a new tenancy agreement to "update" them. A fresh agreement can end the existing tenancy and create a new one, which can restart the 12-month period before you can use the selling or moving-in grounds. If you want to refresh the paperwork, take advice and use a written statement of the current terms instead.
Landlords with existing written tenancies also had to give tenants the Government's Renters' Rights Act information sheet by 31 May 2026. If you missed it, send it now.
What happened to Section 21 notices already served
A valid Section 21 notice served before 1 May 2026 could still be used, but only if court proceedings were issued by 31 July 2026, or before the notice's own validity ran out if that came first. If proceedings were issued in time, the claim carries on under the old rules. If they were not, the notice can no longer be relied on and the only route is Section 8.
Before and after at a glance
| Feature | Before 1 May 2026 | Now |
|---|---|---|
| Tenancy type | Assured shorthold, fixed or periodic | Assured periodic only |
| No-fault eviction | Section 21 | Abolished |
| Route to possession | Section 21 or Section 8 | Section 8 on Form 3A only |
| Tenant leaving | Usually tied to the fixed term | 2 months' notice at any time |
| Rent increases | Rent review clauses or Section 13 | Section 13 notice only, once a year |
| Rent in advance | No statutory cap | Capped at one month |
What happened to fixed terms that were still running
If a tenant was part way through a fixed term on 1 May 2026, the fixed term ended and the tenancy continued as a periodic tenancy on the same rent and broadly the same terms. The tenant can now leave by giving 2 months' notice, and you cannot hold them to a minimum term. Clauses that conflict with the new rules, such as rent review clauses or break clauses written around Section 21, no longer have effect.
How you get possession now
Every possession claim now starts with a Section 8 notice on the prescribed Form 3A, relying on one or more grounds in Schedule 2 of the Housing Act 1988. Each ground has its own notice period and evidence requirements. You have 12 months from serving the notice to start court proceedings. The grounds most private landlords use are:
| Ground | Reason | Type | Notice |
|---|---|---|---|
| 1 | You or a close family member moving in | Mandatory | 4 months |
| 1A | Selling the property | Mandatory | 4 months |
| 8 | At least 3 months' rent arrears, at notice and at the hearing | Mandatory | 4 weeks |
| 10 and 11 | Any arrears, or persistent late payment | Discretionary | 4 weeks |
| 12 and 13 | Breach of tenancy terms, or damage to the property | Discretionary | 2 weeks |
| 7A and 14 | Serious criminal or anti-social behaviour | 7A mandatory, 14 discretionary | No minimum period |
Grounds 1 and 1A cannot be used in the first 12 months of a tenancy. Once you serve notice on either, you cannot let or market the property to rent until 12 months after the notice ends. Misusing these grounds or re-letting too soon can lead to civil penalties of up to £40,000 and rent repayment orders of up to two years' rent. Our Section 8 grounds guide covers every ground in more detail.
Rent increases now
Rent can only be increased using a Section 13 notice, no more than once every 12 months, with at least 2 months' notice. Rent review clauses in older agreements no longer work. A tenant who thinks the new rent is above the market rate can challenge it at the First-tier Tribunal, which cannot set it higher than the figure you proposed.
What landlords with tenants in place should do now
- Check your records. Note when each tenancy started, because that sets when Grounds 1 and 1A become available.
- Do not re-sign tenants. Use a written statement of terms if you need to update paperwork, and take advice first.
- Send the information sheet to any existing tenant who did not receive it by 31 May 2026.
- Keep compliance up to date. Deposit protection, gas safety, electrical safety and a valid EPC all still matter, and gaps can undermine a possession claim.
- Keep a clear rent and communication record. Arrears and conduct grounds depend on evidence.
- Review old agreements for rent review and fixed term clauses that no longer apply.
Common mistakes to avoid
The costliest mistakes now are serving a Section 8 notice on the wrong ground or with the wrong notice period, using an old Section 8 form instead of Form 3A, relying on Ground 8 when arrears have dropped below 3 months by the hearing, and serving notice on Ground 1 or 1A without a genuine intention to sell or move in. Each can see a claim dismissed or lead to a penalty. If possession is likely, speak to a solicitor or a letting agent who handles Section 8 claims before you serve anything.
This guide covers private tenancies in England and is general information, not legal advice. Last reviewed September 2026.
Related guides
- Section 8 Notice Grounds Explained
- How to end a tenancy under the Renters' Rights Act
- Rent arrears: what UK landlords can do in 2026
- Renters' Rights Act timeline for landlords
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