Section 21 is gone: how landlords end a tenancy in England now

No-fault evictions ended in England on 1 May 2026, and the last section 21 notices lapsed on 31 July. Here's what replaced them, the new grounds and notice periods, and why your paperwork now matters more.

By Budgy, Editorial

The Royal Courts of Justice on the Strand in London

For more than 30 years, a section 21 notice let landlords in England end an assured shorthold tenancy without giving a reason. That ended on 1 May 2026, when the Renters' Rights Act came into force. If you're looking for a section 21 notice or template today, there's no valid one to serve.

Here's what happened to notices already served, what replaced section 21, and what it means if you might want your property back.

Is section 21 still valid?

No. The last day to serve a section 21 notice was 30 April 2026. Notices served before then stayed valid only if court proceedings were issued by 31 July 2026, or within six months of serving the notice if that came sooner. The same 31 July cut-off applied to section 8 notices served before 1 May.

If proceedings weren't issued in time, the notice lapsed and the tenancy became an assured periodic tenancy under the new rules. A landlord in that position has to start again with a ground for possession, and had one month from the date the notice lapsed to give the tenant the government's Information Sheet. Claims issued before the deadline carry on under the old rules.

What replaced it: section 8 and Form 3A

A tenancy now ends in one of three ways: the tenant gives notice, you both agree to end it, or you rely on a ground for possession under section 8 of the Housing Act 1988. To use a ground, you serve notice on the new Form 3A with the right notice period. If the tenant doesn't leave, a court decides.

Some grounds are mandatory, so the court must grant possession if you prove them. Others are discretionary, so the court also decides whether possession is reasonable.

The grounds landlords use most

  • Selling (ground 1A). Four months' notice, and the notice can't end in the first 12 months of the tenancy. Once you use it, you can't re-let or market the home for a further 12 months.
  • Moving in (ground 1). For you or a close family member. The same four months' notice, first-year protection and re-letting ban apply.
  • Serious rent arrears (ground 8). At least three months' rent owed, up from two, with four weeks' notice, up from two weeks.
  • Antisocial behaviour and breach of the tenancy. Separate grounds cover nuisance, damage and broken tenancy terms. Most are discretionary.

Getting it wrong carries its own risk. Councils can fine landlords up to £7,000 for serving an invalid notice, and up to £40,000 for knowingly misusing a ground, according to the government's enforcement guidance.

Why your paperwork matters more now

Under section 21, a landlord didn't have to prove anything about the tenant. Now you have to prove your ground, and gaps in your paperwork give a tenant room to push back. An unprotected deposit, for example, can lead to a claim of one to three times its value.

Keep the tenancy agreement or written statement, the Information Sheet, deposit certificates, safety certificates and every notice, each with proof of when and how it was given. If an agent holds your file, make sure you can get it back. Our handover checklist lists the 31 things to ask for.

If you might want the property back

  1. Check the tenancy start date. Selling and moving-in grounds can't end a tenancy in its first 12 months.
  2. Pick the right ground and gather evidence early. For a sale, that might mean instructing an estate agent first.
  3. Serve Form 3A with the full notice period. Keep proof of how and when you served it.
  4. Think about the 12-month ban. If a sale might fall through, the home could sit empty. Selling with the tenant in place avoids it.
  5. Get advice before you serve. A solicitor or a good agent should check the notice, because a mistake can cost months.

For every other rule that changed this year, see our round-up of the new landlord rules for 2026.

This guide covers England and is general information, not legal advice. It was checked in October 2026.

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Frequently asked questions

What is a section 21 notice?

A section 21 notice let a landlord in England end an assured shorthold tenancy without giving a reason, usually with two months' notice. It was abolished on 1 May 2026 by the Renters' Rights Act. Landlords now need a ground for possession under section 8.

Is section 21 still valid?

No. No new notices could be served from 1 May 2026, and notices served earlier lapsed unless court proceedings were issued by 31 July 2026. Claims issued in time continue under the old rules.

What made a section 21 notice invalid?

Common reasons were an unprotected deposit or missing prescribed information, not giving the tenant a gas safety record, EPC or How to Rent guide, serving in the first four months of the tenancy, using the wrong form, or serving after a council repair notice. These now matter only for claims issued before 31 July 2026.

How much notice does a landlord have to give now?

It depends on the ground. Selling or moving in needs four months' notice, and serious rent arrears need four weeks. Tenants can end the tenancy with two months' notice.

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