Section 21 Notices: Abolished on 1 May 2026

Section 21 of the Housing Act 1988 gave landlords the right to repossess a private rented property at the end of (or during) an assured shorthold tenancy without giving any reason. This is why it was called a "no-fault" eviction: the tenant did not need to have done anything wrong.

Section 21 was widely criticised because it gave tenants very little security. A landlord could serve a Section 21 notice simply because they wanted to sell, raise the rent above market rate, or for no stated reason at all. Tenants who complained about disrepair or poor conditions often received Section 21 notices in retaliation, a practice known as "retaliatory eviction."

• ✓A Section 21 notice was a 'no-fault' eviction notice, no reason needed to be given
• ✓It applied only to assured shorthold tenancies (the most common form of private rented tenancy in England)
• ✓It was frequently used to sidestep repairs complaints and to remove tenants seeking rent reductions
• ✓Campaigns by Shelter, Generation Rent, and others pushed for abolition over many years
• ✓The Government committed to abolishing Section 21 in the 2019 Conservative manifesto and again in the 2024 Labour manifesto
• ✓The Renters' Rights Act 2025 (Royal Assent: 27 October 2025) finally delivered abolition, effective 1 May 2026

From 1 May 2026, Section 21 of the Housing Act 1988 is repealed in England. The legal landscape for private renters has changed significantly:

• ✓Landlords in England cannot serve new Section 21 notices, any notice purportedly served on or after 1 May 2026 is void and has no legal effect
• ✓The concept of the 'assured shorthold tenancy' (AST) is abolished, all private rented tenancies are now 'assured periodic tenancies' with no fixed end date
• ✓Tenants can no longer be removed without the landlord establishing a specific legal ground for possession under Section 8
• ✓You have the right to remain in your home unless and until a court makes a possession order on a valid Section 8 ground
• ✓The first 12 months of any tenancy now carries additional protection: landlords generally cannot seek possession during this period (with limited exceptions)
• ✓Rent increases are subject to a new 'one increase per year' rule and must follow a prescribed notice procedure

The abolition of Section 21 includes transitional provisions. Whether a pre-abolition notice still has any legal effect depends on where the case had reached by 1 May 2026:

Landlords in England must now use Section 8 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025) to seek possession of a property. Unlike Section 21, Section 8 requires the landlord to specify a legal groundfor repossession, and a court must be satisfied that the ground is made out.

There are two types of Section 8 ground: mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court decides whether it is reasonable to grant possession even if the ground is proved).

Key mandatory grounds under the Renters' Rights Act 2025 (court must grant possession):

• ✓Ground 1, Landlord or close family member genuinely requires the property as their only or principal home (landlord must have lived there before, or it was their previous home; cannot be used in the first 12 months of a tenancy)
• ✓Ground 1A, Landlord intends to sell the property (cannot be used in the first 12 months of a tenancy)
• ✓Ground 6A, Major works requiring vacant possession that cannot be carried out with the tenant in occupation
• ✓Ground 7A, Anti-social behaviour resulting in a conviction or a civil order (e.g. injunction, closure order)
• ✓Ground 8, Serious rent arrears: at least 2 months' rent (if monthly) or 8 weeks' rent (if weekly) is owed both at the date of the Section 8 notice and at the date of the court hearing

Key discretionary grounds (court considers whether it is reasonable):

• ✓Ground 10, Some rent arrears (less than 2 months), court must also find it reasonable
• ✓Ground 11, Persistent late payment of rent, even if no arrears at the date of the hearing
• ✓Ground 12, Breach of any tenancy obligation (other than rent), e.g. subletting without permission, keeping pets in breach of tenancy
• ✓Ground 13, Deterioration of the property caused by waste or neglect by the tenant
• ✓Ground 14, Nuisance, annoyance, or illegal/immoral use of the property
• ✓Ground 17, Tenant granted tenancy on the basis of a false statement made by the tenant

If you receive a Section 8 notice, check which ground is cited and whether the requirements for that ground have actually been met. Many Section 8 notices can be challenged, for example, if rent arrears fall below the threshold before the court hearing, Ground 8 will fail. Get advice from Shelter or a housing solicitor.

The abolition of Section 21 under the Renters' Rights Act 2025 applies to England only. Scotland and Wales have their own devolved housing law, and both had already moved to restrict or abolish no-fault evictions before England acted.

Scotland

• ✓Scotland abolished no-fault evictions in December 2017 under the Private Housing (Tenancies) (Scotland) Act 2016
• ✓All private rented tenancies in Scotland are now 'private residential tenancies' (PRT), open-ended with no fixed term
• ✓Landlords can only end a PRT by citing one of 18 specified grounds (e.g. landlord wants to sell, move in, or the tenant has rent arrears)
• ✓Tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to challenge a notice to leave
• ✓Scotland's system has been in place for nearly a decade and is the model England followed

Wales

• ✓Wales introduced significant tenant protections under the Renting Homes (Wales) Act 2016, fully commenced in December 2022
• ✓In Wales, most private rented properties are now let under 'standard occupation contracts' rather than assured shorthold tenancies
• ✓The equivalent of Section 21 in Wales ('no-fault' notice to end a standard contract) requires a minimum 6 months' notice
• ✓Retaliatory eviction protections in Wales are among the strongest in the UK
• ✓Wales has not fully abolished no-fault eviction, but the 6-month notice requirement and other restrictions significantly limit its use
• ✓For Welsh tenants, contact Shelter Cymru (0345 075 5005) for specialist advice

Northern Ireland

• ✓Northern Ireland has different housing legislation and is not covered by the Renters' Rights Act 2025
• ✓Private rented tenancies in Northern Ireland are governed by the Private Tenancies Act (Northern Ireland) 2022
• ✓Contact Advice NI or the Housing Rights Service for Northern Ireland-specific advice

The Renters' Rights Act 2025 goes further than simply abolishing Section 21. It creates a package of new rights and protections for private renters in England:

• ✓Security of tenure: your tenancy has no fixed end date, you can stay as long as you wish unless the landlord establishes a valid Section 8 ground
• ✓12-month protection: landlords cannot seek possession in the first 12 months of a new tenancy (subject to serious fault grounds)
• ✓One rent increase per year: landlords can only increase rent once every 12 months and must use the statutory notice procedure; you can challenge excessive increases at the First-tier Tribunal
• ✓Renters' Ombudsman: a new mandatory ombudsman scheme that all private landlords in England must join, tenants can make free complaints about landlord conduct
• ✓Private Rented Sector (PRS) Database: a new national register of private landlords and properties, landlords must register before they can let; tenants can check if their landlord is registered
• ✓Right to request a pet: landlords cannot unreasonably refuse a request to keep a pet; they can require pet insurance
• ✓Stronger deposit protections and rules on 'no DSS' discrimination (letting agents and landlords cannot blanket-refuse benefit claimants)
• ✓Awaab's Law extended to private rented sector: landlords must address damp and mould hazards within set timeframes