Section 21 Is Abolished: What England Landlords Use Now

Section 21 “no-fault” eviction has been abolished for private assured tenancies in England. A private landlord cannot serve a new Section 21 notice on or after 1 May 2026. Most existing assured shorthold tenancies automatically became assured periodic tenancies on that date.

There was a short transition for notices served by 30 April 2026. That transition no longer lets a landlord start a new claim: 31 July 2026 was the final court-application date, or the notice's own earlier deadline applied. A claim properly started by the applicable deadline can continue. If no claim was started in time, the landlord must use the possession law in force from 1 May 2026.

Section 21 status at a glance

Situation	Position on 3 September 2026	Next check
Landlord wants to serve a Section 21 now	Not available for a private assured tenancy in England	Identify a current possession ground and use the current Section 8 process
Section 21 was served by 30 April 2026 but no court claim began	Too late to start a claim under that notice; 31 July was the final backstop	Start again under the post-1 May grounds if a ground applies
A valid claim was issued by the applicable deadline and no later than 31 July 2026	The transitional case can continue until proceedings conclude	Use the official pre-1 May guidance and obtain advice if validity is disputed
Social housing assured tenancy held from a private registered provider	Different commencement timetable; core tenancy reforms apply from 2027	Use the provider-specific official guidance

What replaced Section 21?

A landlord now needs a legally recognised ground for possession and normally serves a Section 8 notice using the current prescribed process. Grounds can include intending to move into or sell the property, serious rent arrears, breach of the tenancy, damage and antisocial behaviour. The landlord must identify the exact ground, satisfy its conditions and provide evidence if the case reaches court.

The current private-rented-sector notice is Form 3A. Do not reuse an old Form 6A Section 21 template or an undated Section 8 form saved before the reforms. The grounds, wording and notice periods were amended from 1 May 2026.

Common reasons and the evidence they can require

Reason	Ground area	Evidence to organise
Landlord or qualifying close family intends to occupy	Ground 1	Genuine intention, identity/relationship, planned occupation and compliance with timing restrictions
Landlord intends to sell	Ground 1A	Genuine intention and supporting sale preparations, plus timing restrictions
Serious rent arrears	Ground 8; other arrears grounds may also be relevant	Tenancy, full rent schedule, payments, arrears calculations and correspondence
Breach, damage or persistent delay in paying rent	Grounds vary and may be discretionary	Agreement, dated reports, inspections, photographs, invoices and correspondence
Antisocial behaviour	Grounds 7A or 14 may be relevant	Incident chronology, witness or authority evidence and any relevant order or conviction
Specialist use such as student, employment, supported or agricultural accommodation	Ground-specific	Check the full statutory conditions and any advance notice required

This table is an organiser, not a ground selector. A notice can fail where the facts do not meet every condition, the wrong ground or form is used, the explanation is insufficient or the notice period is wrong.

Selling or moving in: important restrictions

For the reformed Ground 1 and Ground 1A routes, a landlord generally cannot regain possession for occupation or sale during the first 12 months of a tenancy. Official guidance lists a four-month minimum notice period for these grounds. The exact timing must be checked against the tenancy and current ground wording before service.

After using the occupation or sale ground, restrictions apply to reletting or remarketing the property. The Act's regime includes a 12-month restricted period. Do not use a stated intention to sell or occupy as a temporary route around tenancy security.

Rent arrears: do not rely on the old threshold

The amended mandatory serious-arrears ground uses a higher threshold than the former rule. Government material describes at least three months' arrears for rent paid monthly, or 13 weeks for weekly or fortnightly rent, both when notice is served and at the hearing. Payment timing, Universal Credit and debt-respite “breathing space” can affect a case.

Maintain a transaction-level rent schedule rather than a rounded balance. Separate rent, permitted fees and damage claims; record every payment and credit. Check the current ground and notice period immediately before serving because more than one arrears ground may apply and their legal effects differ.

The current possession process

1. Classify the tenancy. Confirm whether it is an assured periodic tenancy and whether an exception or different jurisdiction applies.
2. Choose the exact ground. Read the current official ground wording, eligibility conditions, restricted periods and notice period.
3. Assemble evidence first. Create a dated chronology and retain the agreement, prescribed information, rent schedule, messages, inspection evidence and documents specific to the ground.
4. Use the current notice. Complete the current Form 3A accurately, explain the facts supporting each ground and serve it using a provable permitted method.
5. Wait for the notice period. A notice is not an eviction and does not itself end the tenancy.
6. Apply to court if necessary. If the tenant remains, the landlord needs a possession order. The court tests the ground, notice, service and evidence.
7. Use authorised enforcement. If an order is not followed, use the warrant/bailiff process. Do not change locks, remove belongings or force the tenant out.

What happened to accelerated possession?

The former accelerated route was associated with Section 21 claims that usually did not require a hearing. It is not a new no-fault route. GOV.UK says landlords cannot now usually apply for accelerated possession even where a Section 21 notice was served before 1 May; only qualifying claims issued by the transitional deadline can continue under the saving provisions.

Existing fixed-term agreements

Most private assured shorthold and assured tenancies automatically became assured periodic tenancies on 1 May 2026. A fixed end date in an old agreement does not by itself restore Section 21 or automatically entitle a landlord to possession. The current ground-based process controls how the landlord can end the tenancy.

England only: do not copy the route across the UK

This page is about private renting in England. Wales uses occupation contracts and its own Renting Homes legislation. Scotland and Northern Ireland also have separate tenancy and eviction systems. “Section 21 UK” is therefore an imprecise search phrase; verify the country before using any form.

When to obtain legal advice

Specialist advice is sensible before service where the tenancy type is unclear, several grounds overlap, an old transitional claim exists, breathing space or insolvency applies, disrepair or discrimination is alleged, evidence is contested, the property needs a licence, deposit history is irregular or an urgent antisocial-behaviour route is considered.

A rejected claim costs time and court fees and can worsen a dispute. Ask the adviser to confirm the ground, current form, notice period, service method, evidence gaps and whether any restricted period applies.

Landlord evidence checklist

• tenancy agreement and every later variation;
• tenancy start date, rent period and conversion position on 1 May 2026;
• names and service addresses for every party;
• the exact statutory ground and current official guidance;
• dated evidence satisfying each part of that ground;
• current prescribed notice and a retained completed copy;
• proof of service and notice-period calculation;
• property licensing, deposit and safety/compliance records;
• a chronological communication and incident log; and
• court order and authorised enforcement records if the case progresses.

Official sources checked

• GOV.UK: repossessing a privately rented property after 1 May 2026
• GOV.UK: current possession grounds for landlords and agents
• GOV.UK: ending an assured periodic tenancy
• GOV.UK: transitional notices served before 1 May 2026
• GOV.UK: current assured-tenancy forms, including Form 3A
• Renters' Rights Act 2025

Reviewed 3 September 2026. This guide covers private assured tenancies in England and is general information, not legal advice or a notice-validity check. Possession law is procedural and fact-specific; verify the current ground, form and dates before acting.