Section 21 After the Renters' Rights Act: The Current Position
Section 21 'no-fault' evictions ended in England on 1 May 2026. What is still valid, the 31 July 2026 transition deadline, and how possession works now.
Quick answer
Section 21 'no-fault' evictions were abolished in England on 1 May 2026, when most assured shorthold tenancies automatically became assured periodic tenancies. A landlord can no longer serve a new section 21 notice and must instead serve a section 8 notice (form 3A) citing a legal ground for possession, usually with 4 months' notice if the tenant is not at fault. A section 21 notice validly served before 1 May 2026 could still support a court claim — including a £415 accelerated possession application — but not usually after 31 July 2026. Courts will only order possession where any deposit was protected in a government-approved scheme with the correct information given, or returned, and eviction without a court order remains a criminal offence.
ਸੰਖੇਪ ਜਾਣਕਾਰੀ
For over three decades, section 21 of the Housing Act 1988 let landlords in England end an assured shorthold tenancy without giving any reason. That ended on 1 May 2026: government guidance now confirms tenants 'can no longer be evicted using the "no fault" section 21 process, even if your tenancy agreement says you can', and most ASTs automatically became assured periodic tenancies on the same date. A short transition window let landlords who served a valid section 21 notice before 1 May 2026 take it to court, but after 31 July 2026 a section 21 notice cannot usually be used to start an eviction at all. This guide sets out the current position for both landlords and tenants.
ਇਹ ਪ੍ਰਕਿਰਿਆ ਕੌਣ ਵਰਤ ਸਕਦਾ ਹੈ
- You rent out, or rent, a home in England under an assured tenancy — most assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026
- You received or served a section 21 notice before 1 May 2026 and want to know whether it still counts
- You are a landlord who now needs to rely on section 8 grounds for possession
- Tenancies in Wales, Scotland and Northern Ireland are governed by separate legislation and are not covered by this guide
ਕਦਮ-ਦਰ-ਕਦਮ ਪ੍ਰਕਿਰਿਆ
Work out which regime applies to your tenancy
On 1 May 2026 the Renters' Rights reforms commenced in England. Most existing assured shorthold tenancies automatically became assured periodic tenancies, and all new private tenancies are assured periodic tenancies — fixed-term contracts with an end date are no longer possible. From the same date landlords 'cannot evict tenants using the section 21 process and will need a legal reason to evict them'.
- The conversion to a periodic tenancy happened automatically — no new agreement was needed
- Tenants can now end a periodic tenancy at any time by giving 2 months' notice in writing (letter, email or text all count)
- Existing tenancy agreement clauses referring to section 21 have no effect — the statutory position overrides them
Tenants: check the date on any section 21 notice
A 'section 21 notice' served on or after 1 May 2026 has no legal effect — you cannot be evicted through the no-fault process even if your tenancy agreement says you can. A notice validly served before 1 May 2026 could still support a court possession claim during the transition, but gov.uk is explicit: 'After 31 July 2026 you will not usually be able to use a section 21 notice to start an eviction process.' Court processes started before 1 May 2026 can in some cases still be completed after that date.
- Never leave just because a notice was served — only a court can order possession, and eviction without a court order is a criminal offence
- If your landlord did not issue a court claim while the notice was still usable, they must start again with a section 8 notice and a legal ground
- Get advice from Citizens Advice or Shelter as soon as any notice arrives
Landlords: the transition window for pre-1 May 2026 notices
If you gave your tenant a valid section 21 notice before 1 May 2026, you may have been able to apply to court for an accelerated possession order — a paper-based process where 'there's usually no court hearing'. That route effectively closes after 31 July 2026, when a section 21 notice can no longer usually be used to start an eviction. Ongoing claims already issued at court continue to be processed.
- The accelerated possession application fee is £415
- The accelerated procedure cannot include a rent arrears claim — arrears must be pursued in a separate court claim
- If you missed the window, serve a fresh section 8 notice relying on a statutory ground instead
Check the deposit preconditions before any court application
Deposit compliance remains a gateway to possession. Where the tenant paid a deposit, a court will only make a possession order if the landlord put the deposit into a government-approved tenancy deposit scheme, complied with the scheme's requirements and gave the tenant the correct information — or returned the deposit in full (or with agreed deductions) before applying.
- Landlords: fix deposit problems before serving notice — returning the deposit is the standard cure
- Tenants: an unprotected deposit is both a defence point and a separate compensation claim of up to 3 times the deposit
Landlords: serve a section 8 notice with a legal ground
Eviction now runs through section 8 of the Housing Act 1988. You must fill in form 3A of the assured tenancy forms and rely on one or more grounds for possession — for example rent arrears, antisocial behaviour, needing to move in yourself or with close family, or intending to sell. Grounds are either 'discretionary' or 'mandatory'. The notice period will usually be 4 months if the tenant has not done anything wrong; it may be 2 months in some specialist cases and shorter where the tenant is at fault.
- You cannot evict a tenant in the first 12 months of the tenancy on the moving-in or selling grounds
- Defective notices are a common reason claims fail — use the current prescribed form and state the grounds and facts precisely
Apply to court if the tenant does not leave
If the tenant does not leave by the date in the notice, you need to start court proceedings for a possession order. For section 8 notices given on or after 1 May 2026 you usually have up to 12 months to apply to the court. On the rent arrears route, the court only needs to make a possession order if the tenant owes 3 months' rent.
- Mandatory grounds oblige the court to order possession if proved; discretionary grounds involve a reasonableness assessment
- Keep a full arrears schedule — the arrears threshold is tested on the evidence
Tenants: respond to a possession claim in time
In an accelerated possession claim (pre-1 May 2026 section 21 notices) the tenant has 14 days to challenge the application from the date it is received. If the judge makes a possession order, the tenant will normally have 14 days to leave; where that would cause 'exceptional hardship' the judge may allow up to 42 days. In section 8 claims you can defend by disputing the ground, the notice or deposit compliance.
- Return the court's defence form within the deadline even if you only want more time
- Raise disrepair, deposit breaches or notice defects in your defence — they can defeat or delay the claim
Know the limits: no eviction without a court order
Whatever notice has been served, physically evicting a tenant without a court order is illegal — 'illegal eviction is a criminal offence'. Changing the locks, withholding keys or cutting off services can amount to harassment or unlawful eviction, and the tenant may have the right to be let back into the home, claim compensation and apply for a rent repayment order.
- Tenants: contact the police if someone is trying to remove you or threats are involved, and tell your local council about harassment or threatened illegal eviction
- Landlords: wait for the possession order and, if needed, court enforcement — self-help eviction risks prosecution
ਖਰਚੇ
ਮਹੱਤਵਪੂਰਨ ਚੇਤਾਵਨੀਆਂ
Court claims relying on a section 21 notice served before 1 May 2026 cannot usually be started after 31 July 2026 — after that, only section 8 remains.
A 'section 21 notice' served on or after 1 May 2026 has no legal effect, even if the tenancy agreement still refers to section 21.
Where a deposit was taken, courts will only make a possession order if it was protected in an approved scheme (with the correct information given) or returned.
Evicting a tenant without a court order is a criminal offence — tenants may be let back in, claim compensation and seek a rent repayment order.
ਲਾਭਦਾਇਕ ਲਿੰਕ
Frequently asked questions
- Is section 21 still legal in England?
- No. From 1 May 2026 tenants can no longer be evicted using the 'no fault' section 21 process, even if the tenancy agreement says otherwise. Landlords now need a legal reason (a section 8 ground) to evict. The only remaining role for section 21 was transitional: a notice validly served before 1 May 2026 could support a court claim, but after 31 July 2026 a section 21 notice cannot usually be used to start an eviction process.
- I was given a section 21 notice before 1 May 2026 — do I have to leave?
- Not without a court order. Your landlord had to apply to court while the notice could still be used — gov.uk states that after 31 July 2026 a section 21 notice cannot usually be used to start an eviction. If an accelerated possession claim was issued, you have 14 days from receiving it to challenge; if an order is made you normally get 14 days to leave, or up to 42 days for 'exceptional hardship'. If no claim was issued in time, the landlord must start again under section 8 with a legal ground.
- How can a landlord evict a tenant now?
- By serving a section 8 notice on form 3A of the assured tenancy forms, relying on one or more statutory grounds — such as rent arrears, antisocial behaviour, needing to move in, or intending to sell. The notice period is usually 4 months if the tenant has not done anything wrong, shorter where the tenant is at fault. If the tenant does not leave, the landlord applies to court, usually within 12 months of a notice given on or after 1 May 2026.
- Can my landlord evict me because they want to sell or move in?
- There are grounds for possession where the landlord intends to sell or where they or close family need to move in — but they cannot be used in the first 12 months of the tenancy, and the notice period on these no-fault-of-the-tenant grounds is usually 4 months. The landlord must still go to court if you do not leave.
- Does my deposit affect whether I can be evicted?
- Yes. Where a deposit was paid, a court will only grant a possession order if the landlord put the deposit into a government-approved tenancy deposit scheme, complied with the scheme's requirements and gave the tenant the correct information — or returned the deposit in full or with agreed deductions. An unprotected deposit can also found a separate claim for compensation of up to 3 times the deposit.
- What happened to my fixed-term tenancy on 1 May 2026?
- Most existing assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026, and tenancies with a fixed end date can no longer be granted. Your tenancy now rolls on, you can leave by giving 2 months' notice in writing, and your landlord can only end it through the section 8 grounds process.