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Section 21 notice: what happened to it and what landlords use now

Section 21 notices ended in England on 1 May 2026 under the Renters' Rights Act. See what replaced them, the notice periods, and what happens to old notices.

  • 4 min read
  • Last reviewed 4 November 2026
  • By Your Property Check team

Key answer

A Section 21 notice is no longer valid for new possession claims in England. GOV.UK says Part 1 of the Renters' Rights Act 2025 came into force on 1 May 2026, and landlords cannot use section 21. Since then a landlord can only give a section 8 notice, using Form 3A, and must have a legal ground.

Part 1 of 7

Is Section 21 still valid?

No, not for new cases in England. GOV.UK says Part 1 of the Renters' Rights Act 2025 came into force on 1 May 2026, and that landlords cannot use section 21 of the Housing Act 1988 to seek possession of their property. The old "no fault" route, where a landlord could end an assured shorthold tenancy without giving a reason, has ended for private landlords in England. Wales, Scotland and Northern Ireland have their own rules. This page is general information, not legal advice, and we read the GOV.UK pages on 4 November 2026.

Part 2 of 7

What replaced Section 21?

GOV.UK says that since 1 May 2026 you can only give your tenant a notice under section 8 of the Housing Act 1988 to end the tenancy. You need a ground for possession. Grounds are either mandatory, where the judge must order possession if the ground is proved, or discretionary, where the court decides whether it is reasonable.

A valid notice uses Form 3A, or a form that is substantially similar, gives the right notice period and fully sets out each ground and the reasons it applies. GOV.UK also says existing assured shorthold tenancies became assured periodic tenancies on 1 May 2026, and a tenancy agreement cannot have an end date.

Part 3 of 7

Old route against current route

Old routeCurrent routeNoticeSource
Section 21 to take the property back for any reasonNot available since 1 May 2026Was at least 2 monthsGOV.UK: Repossessing after 1 May 2026
Section 21 to sell the propertyGround 1A, sale of the dwelling house4 monthsGOV.UK: Grounds for possession
Section 21 for a landlord or family member to move inGround 1, moving in4 monthsGOV.UK: Grounds for possession
Section 8 for serious rent arrearsGround 8, mandatory arrears4 weeksGOV.UK: Grounds for possession
Section 8 for smaller or repeated arrearsGrounds 10 and 11, discretionary4 weeksGOV.UK: Grounds for possession

Check the exact wording of each ground on GOV.UK before you serve anything, because notices must set out the ground and why it applies.

Part 4 of 7

Can I still evict for rent arrears?

Yes, on a ground. For Ground 8, GOV.UK says the tenant must owe at least 3 months' rent if paid monthly, or 13 weeks' rent if paid weekly or fortnightly, and the threshold must be met on the notice date and at the hearing. Arrears caused by delayed Universal Credit do not count. Notice is 4 weeks before you can apply to court. The discretionary Grounds 10 and 11 also need 4 weeks' notice, but the court decides whether eviction is reasonable. For the online claim service, GOV.UK says it can be used only where the tenant is being evicted solely for unpaid rent.

Part 5 of 7

What if I served notice before it ended?

GOV.UK's guide for notices served before 1 May 2026 says a section 21 notice needed Form 6A, at least 2 months' notice and, among other things, valid deposit protection. It says the landlord had until 31 July 2026, or until the possession notice expired if that was earlier, to apply to court. A later update on 1 August 2026 says private landlords can no longer apply for a possession order in the county court using a section 21 or section 8 notice served before 1 May 2026.

The tenant guidance adds that if the court process was started before 1 May 2026, in some cases it can be completed after that date. It does not say what happens to every case still in progress, so a landlord or tenant with a live claim should take advice from a solicitor or Citizens Advice.

Part 6 of 7

Selling instead of evicting

Many landlords asked whether Section 21 was their way to sell. It is not. To sell with vacant possession you now need Ground 1A, which cannot be used until 12 months after the tenancy started. The notice can be served earlier, but it cannot expire before that period ends. The other route is to sell with the tenant in place, usually to an investor. Our guide to selling a house with tenants sets out both, and our comparison of selling with tenants in place or with vacant possession lays them side by side.

Part 7 of 7

Practical points

  • Do not use the old forms. Form 6A belonged to section 21. Notices now use Form 3A.
  • Protect the deposit. GOV.UK says deposit protection requirements apply to most grounds.
  • Keep evidence. For arrears you need proof of payments due and received. For a sale ground, a court may ask for evidence that you intend to sell.
  • Never lock a tenant out. A landlord cannot take back possession without a court order, if the tenant stays.
  • Take advice early. Use a solicitor or the free advice at Citizens Advice before you serve a notice or sell. Our tenanted sale tool can help you think through the timing.

Our take

Plan around section 8, or price the sale instead

Section 21 is no longer valid for new possession claims in England, so you need a legal ground and Form 3A. Our view: do not use the old forms, keep evidence from the start, and weigh selling against evicting, because a sale can be a cleaner route than a contested claim. Take advice early.

Landlord CertCheck tracks certificate expiries for Gas, EICR, EPC, PAT and fire, so a lapsed certificate does not complicate a notice or a sale. Your first property is free, then it is £49.99 a year.

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Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

Is Section 21 still valid?
Not for new cases in England. GOV.UK says landlords cannot use section 21 to seek possession since 1 May 2026, when Part 1 of the Renters' Rights Act 2025 came into force.
What replaced Section 21?
A section 8 notice on Form 3A with a legal ground for possession. Grounds are mandatory or discretionary, and a court order is needed if the tenant does not leave.
Can I still evict for rent arrears?
Yes. Ground 8 is mandatory when the tenant owes 3 months' rent, or 13 weeks if paid weekly, with 4 weeks' notice. Grounds 10 and 11 also need 4 weeks, but the court decides whether it is reasonable.
What if I served notice before it ended?
GOV.UK says the landlord had until 31 July 2026, or until the notice expired if earlier, to apply to court. Since then private landlords can no longer apply on those old notices. Take advice on any live claim.
Can I sell my rented house without Section 21?
Yes. Sell with the tenant in place, or use Ground 1A for vacant possession, which needs 4 months' notice and cannot be used until 12 months after the tenancy started.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.

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