Has Section 21 been abolished?

Yes. For private tenancies in England, section 21 "no fault" notices ended on 1 May 2026. Landlords now need a section 8 ground, and old section 21 notices could only reach court by 31 July 2026.

The Renters' Rights Act 2025 repealed the part of the Housing Act 1988 that held assured shorthold tenancies and section 21. Those changes came into force on 1 May 2026 for private assured tenancies. This page follows GOV.UK and legislation.gov.uk as checked on 16 October 2026 and covers England only.

What changed and when

GOV.UK's possession guidance states it plainly: since 1 May 2026 you can only give your tenant a notice under section 8 of the Housing Act 1988 to end the tenancy. Section 21 cannot be used even if the tenancy agreement says it can.

Notices served before 1 May 2026

A section 21 notice given on or before 30 April 2026 could still be used, but only within a short window. Court proceedings had to start by whichever came first: the time left on the notice, or 31 July 2026. If the earliest date for proceedings in the notice was 1 August 2026 or later, the notice cannot be used at all.

That window has now closed. GOV.UK says you can no longer apply for a possession order using a section 8 or section 21 notice given before 1 May 2026. Claims the court was asked to issue on or before 31 July 2026 carry on until they finish.

For those claims, the court still checks the old section 21 conditions, including that you used Form 6A, protected the deposit and gave the prescribed information, gave a gas safety certificate, an Energy Performance Certificate and the How to Rent guide, and held any licence the property needed.

If the court dismisses the claim, the tenancy becomes an assured periodic tenancy from the date of dismissal. Where the tenancy has written terms, you then have one month to give each named tenant The Renters' Rights Act Information Sheet 2026.

What replaces it: section 8 grounds

Every possession claim now needs a ground for possession from Schedule 2 to the Housing Act 1988, given on Form 3A. Form 3 is for social housing only. You must write out the full legal wording of each ground and explain why it applies. The notice periods, from GOV.UK's Form 3A guidance, are:

Grounds 1 and 1A cannot be used until 12 months after the tenancy started; you can serve earlier, but the date in the notice must fall after that. Ground 8 needs at least 3 months' arrears (13 weeks if rent is weekly or fortnightly), both when you serve and at the hearing. After using the moving-in or selling grounds, the Act stops you re-letting or marketing the property for 12 months.

What this means for you

There is no longer a way to end a private tenancy without a reason. If you want the property back, you need a ground that fits, evidence for it, and the right notice period. With more than one ground, you wait for the longest period, except for grounds 7A and 14. A notice is normally valid for 12 months from the day you serve it.

For most grounds, the court also checks your deposit paperwork. It will only order possession if the deposit was protected and the information given, or the deposit has been returned, or a court challenge about it has been decided, settled or withdrawn. These rules do not apply to grounds 7A and 14.

If your tenant does not leave when the notice ends, you apply to court. GOV.UK puts the possession order fee at £415.

Steps if you need a property back

1. Check that any old section 21 notice is no longer usable, so you do not rely on it.
2. Pick the ground that matches your reason, using the table above.
3. Check the deposit was protected and the prescribed information given.
4. Work out the earliest court date from the longest notice period.
5. Fill in the current Form 3A with the full legal wording for each ground, then sign it and serve it yourself.
6. Keep proof of service, such as form N215.

The step-by-step process is in how to serve a possession notice, and what happens to assured shorthold tenancies explains the wider change.

Rent you collect counts towards Making Tax Digital for Income Tax; the free MTD check shows whether it applies to you, and the landlord section has more guides.