Section 21 has been abolished. Here's what landlords do instead.

What was Section 21?

Section 21 of the Housing Act 1988 allowed a landlord to recover possession of a property let on an Assured Shorthold Tenancy (AST) without giving any reason, provided the correct procedural steps had been followed. It became the default eviction route in England because it was procedurally simpler than Section 8 and did not require the landlord to prove a tenant had done anything wrong.

Section 21 was politically controversial because it gave tenants no protection against eviction at the end of a fixed term, even when they had paid rent on time and complied with every term of the tenancy. Successive governments committed to abolishing it. The Renters' Rights Act 2025 enacted that abolition.

What has replaced it?

There is no direct equivalent. The Renters' Rights Act 2025 expanded the Section 8 grounds in Schedule 2 of the Housing Act 1988 to cover the legitimate landlord scenarios that Section 21 used to handle informally — selling the property, moving in personally, or housing a family member.

In practice, this means landlords who previously would have served a Section 21 notice now need to identify which Section 8 ground applies to their situation and serve a Form 3A notice citing that ground. The grounds are categorised as either mandatory (the court must grant possession if the ground is proven) or discretionary (the court may grant possession depending on the circumstances).

The most commonly used new grounds are:

• Ground 1 — landlord or close family member intends to occupy the property
• Ground 1A — landlord intends to sell the property
• Ground 8 — at least three months’ rent arrears at the date of notice and hearing (mandatory)
• Ground 10 — some rent arrears at the date of notice (discretionary, used alongside Ground 8)
• Ground 14 — anti-social behaviour or nuisance

Each ground has its own notice period, evidential requirements, and restrictions.

Are existing Section 21 notices still valid?

Yes, with limits. A Section 21 notice that was validly served before 1 May 2026 remains enforceable during a transitional period. Landlords who served a notice before commencement and have not yet started possession proceedings can still rely on it, provided they act within the original notice's validity window (typically 6 months from the date the notice expires).

If you have already served a Section 21 notice and were planning to issue a possession claim, you should generally continue with that route rather than starting again under Section 8. If the original Section 21 notice has expired or was defective, you cannot serve a new one — you must use Section 8 instead.

What landlords often miss

These are the points that come up repeatedly in practice and where landlords most often go wrong post-commencement.

The 12-month restriction on Ground 1 and Ground 1A. Neither ground can be used during the first 12 months of a tenancy. A landlord who lets a property and then immediately wants to sell or move in cannot serve notice until month 13.

The four-month notice period. Most new grounds require four months’ notice, not two as Section 21 typically required. Possession timelines have lengthened significantly.

Re-letting restrictions after Ground 1A. A landlord serving Ground 1A (intent to sell) cannot re-let the property within 12 months of the tenant’s departure. Doing so without genuine attempts to sell is a civil offence.

Prescribed-information failures still bite. The same procedural defects that previously invalidated Section 21 notices — failure to protect a deposit, failure to serve the How to Rent guide, failure to provide gas safety records — also bar mandatory Section 8 Ground 8 claims. The compliance discipline matters more, not less.

The wrong ground means the case fails. Under Section 21, no reason was needed. Under Section 8, the landlord must prove the cited ground. Citing the wrong ground or providing insufficient evidence will see the claim dismissed.

Find the right Section 8 ground for your situation

This decision tree maps the most common landlord scenarios to the correct Section 8 ground. Click your situation to go to the relevant template.

Frequently asked questions