Is Section 21 still available after the Renters' Rights Act 2025, and what are my alternatives as a landlord?
No. Section 21 'no-fault' evictions have been abolished by the Renters' Rights Act 2025, with effect from 1 May 2026. Landlords in England can no longer serve a Section 21 notice on any assured tenancy. To recover possession, you must now serve a Section 8 notice and rely on one of the statutory grounds in Schedule 2 of the Housing Act 1988.
Legal basis
- Renters' Rights Act 2025, s.1 (abolition of assured shorthold tenancies and s.21)
- Housing Act 1988, s.21 (now repealed by RRA 2025 for England)
- Housing Act 1988, Sch. 2 (grounds for possession — mandatory and discretionary)
- Deregulation Act 2015, s.33 (conditions for valid Section 21 — now moot for new tenancies)
The Renters' Rights Act 2025 abolished the assured shorthold tenancy regime in England with effect from 1 May 2026. All existing ASTs — both fixed-term and periodic — automatically converted to assured periodic tenancies on that date. Section 21 of the Housing Act 1988 was simultaneously repealed for all new and converted tenancies.
The abolition affects all assured tenancies in the private rented sector in England. Wales abolished Section 21 earlier under the Renting Homes (Wales) Act 2016 (with different replacement mechanisms). Section 21 remains technically available in Northern Ireland and Scotland operates an entirely different regime.
Landlords who served a valid Section 21 notice before 1 May 2026 on an existing tenancy had six months from that date to apply to the court using the notice. Any notice served after 1 May 2026 is void regardless of the tenancy start date.
Common mistakes to avoid
- Attempting to serve a Section 21 notice after 1 May 2026 — the notice has no legal effect.
- Assuming the old Section 21 process still applies to tenancies that started before the Renters' Rights Act 2025.
- Not being aware that Ground 1B (selling the property) now provides a replacement for many situations where Section 21 was previously used.
- Attempting to evict a tenant without any notice or court order — this is illegal eviction, a serious criminal offence.
Frequently asked questions
Can I still evict a tenant if they haven't done anything wrong?
Not without a valid Section 8 ground. The closest alternatives to 'no-fault' eviction are Ground 1A (landlord or family moving in) and Ground 1B (selling the property). Both require genuine intention and at least two months' notice.
When exactly did Section 21 cease to apply?
Section 21 was abolished for all assured tenancies in England from 1 May 2026 under the Renters' Rights Act 2025. Notices served before that date on existing tenancies had a six-month window to be relied upon in court proceedings.
Does the Section 21 abolition apply in Wales, Scotland, and Northern Ireland?
Wales abolished Section 21 under the Renting Homes (Wales) Act 2016 (replacing it with a different 'no-fault' notice under the new 'occupation contract' regime). Scotland has its own system with no equivalent of Section 21. Northern Ireland retains Section 21 as of 2025.
What should I do if I was in the middle of Section 21 proceedings when the Act came into force?
If your Section 21 notice was served before 1 May 2026 and was valid at the time, you had six months to apply to court. If that window passed without a court order being made, you will need to start afresh using a Section 8 ground.
Can I still use Section 8 to evict a tenant?
Yes. Section 8 remains fully available. The Renters' Rights Act 2025 added new mandatory grounds (1A, 1B, 6A, 7A) specifically to ensure landlords have workable routes to possession without Section 21.
Where can I get help choosing the right ground for my situation?
Use Notice Helper's notice selector on the home page. For complex situations — especially where ASB, arrears, or a family dispute is involved — consult a solicitor specialising in landlord and tenant law or contact the NRLA.