Section 21 Abolished UK May 2026: Next Steps

What changed, in one paragraph

Since 1 May 2026 you can't end a tenancy in England with a Section 21 "no fault" notice. If you want the property back, you need a legal reason, called a ground, and you serve it on a Section 8 notice. Any Section 21 notice served before 1 May had to be used by starting a court claim by 31 July 2026, so that door has now shut too.

This guide explains what that means day to day. It isn't legal advice: if you're about to seek possession, a housing solicitor is worth the fee, because a wrong notice costs months. The editorial policy explains how these guides are checked.

What replaced it: Section 8 and the grounds

Every possession claim now runs through Section 8 of the Housing Act 1988. You pick the ground (or grounds) that fit, serve notice on Form 3A, wait for the notice period to run out, then apply to court.

Grounds come in two kinds:

• Mandatory: if you prove it, the court must give you possession. Serious rent arrears (Ground 8) is the one most landlords meet.
• Discretionary: the court decides whether possession is reasonable, for example smaller arrears (Ground 10), persistent late payment (Ground 11) or a breach of the tenancy (Ground 12).

The ones most landlords use:

• Ground 8, serious arrears: at least 3 months' rent unpaid (13 weeks if rent is weekly), both when you serve and at the hearing, with 4 weeks' notice.
• Ground 1, moving in: you or close family want to live there. 4 months' notice, and not in the first 12 months.
• Ground 1A, selling: 4 months' notice, and not in the first 12 months.

Download Form 3A from GOV.UK each time rather than reusing a copy from an old claim.

Every tenancy now rolls month to month

On 1 May 2026 every assured shorthold tenancy became an assured periodic tenancy. There's no fixed term any more, and a fixed term in a new agreement has no effect.

For you, that means:

• the tenant can leave at any time with 2 months' notice;
• you can only end the tenancy with a ground;
• the rent goes up once a year at most, with a Section 13 notice (Form 4A), not through a rent review clause.

Plan voids and refurbishments with that in mind. If you use a letting agent, check their letters no longer promise anyone a fixed end date.

A checklist for now

• [ ] Stop relying on any Section 21 notice. The last window closed on 31 July 2026.
• [ ] Check the deposit on every tenancy: protected within 30 days, with the prescribed information given. If it wasn't, the court can't make a possession order on most grounds until you put it right.
• [ ] Keep gas safety, the EICR and the EPC in date. They no longer decide whether a notice is valid, but breaking them is still an offence, and the tenant's side will raise it.
• [ ] Give every new tenant the written statement of terms before the tenancy starts. The How to Rent guide was withdrawn on 1 May 2026.
• [ ] Ask your rent guarantee or legal expenses insurer what they now cover under Section 8.
• [ ] Read the Renters' Rights Act landlord checklist for everything else that changed.

If the rent stops

Arrears haven't become harder to act on, just more precise. Ground 8 needs at least 3 months' rent unpaid at both dates, and arrears caused only by a late Universal Credit housing payment may not count towards it. Part payments and benefit timing are where claims go wrong, so keep a clean rent record and send written demands as you go.

If the arrears are below the Ground 8 line, Grounds 10 and 11 are there, but the court decides, so expect it to take longer. An early conversation and a payment plan often cost less than court.

Selling or moving in

Grounds 1 and 1A are how you get the property back to live in or to sell. Both need 4 months' notice and can't be used in the first 12 months of a tenancy. Once you've used either, you can't re-let or advertise the property to let until 12 months after the date in your notice. Breaking that is an offence, with a penalty of up to £40,000 and a possible rent repayment order. Keep evidence that the plan is real: the estate agent's instruction, or the move-in plan in writing.

The detail is in the Ground 1 and 1A guide.

Property condition still matters

Section 21 going doesn't mean councils care less about condition. The hazard rating system (HHSRS), your repairing duty and civil penalties of up to £40,000 for offences since 1 May 2026 all still apply. The Decent Homes Standard is coming to private rentals too, but not until 2035.

In court, disrepair turns up as a counterclaim that can cancel out arrears and weigh on any discretionary ground. Keep gas safety annual, the EICR within five years, the alarms working and the paperwork on file. The 2026 compliance checklist puts it on one page.

Scotland, Wales and Northern Ireland

This guide covers England. Scotland has private residential tenancies, Wales has its Renting Homes rules, and Northern Ireland is different again, so don't apply English Section 8 steps across the border.

How LetCompliance helps when the rules change

With Section 21 gone, possession runs through Section 8, and that's where a dated record earns its keep. On paid plans LetCompliance builds the Section 8 notice on Form 3A with the arrears worked out from your rent ledger, and the possession tracker keeps the claim's dates in order. Around it sit the gas, EICR and EPC dates with reminders, the deposit record, and rent collected by Direct Debit. When possession turns on evidence, yours is already dated and in one place.

Further reading: Section 21 guide · UK landlord fines 2026