Section 21 has been abolished: what UK landlords do now

What Was a Section 21 Notice?

A Section 21 notice was the legal mechanism landlords in England used to regain possession of an assured shorthold tenancy (AST) without proving fault by the tenant. It was abolished on 1 May 2026 by the Renters' Rights Act 2025: no new Section 21 notice can be served in England.

This guide explains what Section 21 was, what still applies to a notice that was validly served before 1 May 2026 and is now working through the courts, and the Section 8 route that has replaced it for every new possession case.

Despite being called a "no-fault" eviction, Section 21 always had strict procedural requirements, and failing even one made the notice invalid. Those same compliance duties now underpin a valid Section 8 claim, so none of this knowledge is wasted.

When Could a Section 21 Be Served? (pre-1 May 2026)

For any notice served before 1 May 2026 (and therefore for a transitional notice still in court now), a Section 21 was only valid if:

A Section 21 could not be served within the first 4 months of a tenancy.

From 1 May 2026 none of this applies to a new notice: possession now runs entirely through Section 8 grounds.

The Compliance Preconditions (still matter for Section 8)

This is where most landlords lost cases. For a Section 21 to be valid, ALL of the following had to be in place, and these are exactly the duties that now protect a Section 8 claim, so keep them current on every tenancy:

1. Gas Safety Certificate, in date. A certificate that lapsed even one day defeated the notice.

2. EPC, the tenant had to have received a copy of a valid EPC before the tenancy started.

3. How to Rent guide, the current government How to Rent guide had to be provided at the start of the tenancy.

4. Deposit protection, the deposit had to be in a government-approved scheme with the Prescribed Information served.

5. EICR, a valid Electrical Installation Condition Report had to exist and have been provided to the tenant.

If any of these was missing, the notice failed, and the same gaps will undermine a Section 8 possession claim today.

How a Section 21 Was Served (transitional notices only)

For a notice served before 1 May 2026:

For any new case you now use Section 8. LetCompliance's Section 8 readiness checker confirms your compliance status first, then shows which grounds your prerequisites clear and the earliest possession date→, cutting the risk of a procedural error throwing the claim out.

Section 21 and the Renters' Rights Act 2025

Section 21 was abolished on 1 May 2026 under the Renters' Rights Act 2025. New Section 21 notices can no longer be served in England. A notice that was validly served before that date can still complete through the courts during the transition window, provided every precondition above was met at the time.

For possession from here on you use Section 8, citing a specific ground. See the eviction process for 2026 and the Renters' Rights Act landlord guide.

Checklist for a Transitional Notice (or your Section 8 base)

These are now your Section 8 preconditions too, so if any box is unchecked, fix it before relying on a possession claim, or it may be worthless at court.

7 reasons Section 21 notices failed (and why it matters for Section 8)

Courts rejected Section 21 notices for a small set of recurring reasons. They are worth knowing because the same defects now sink a Section 8 claim, and they decided any transitional Section 21 still working through the courts.

1. Lapsed Gas Safety Certificate

If the annual Gas Safety (CP12) certificate was out of date on the date of service, the notice was defective. The same lapse weakens a Section 8 possession claim today.

2. EICR not provided

An Electrical Installation Condition Report must be in date and a copy given to the tenant. Without evidence of service, courts routinely reject possession claims.

3. Deposit not protected or Prescribed Information missing

A late-protected deposit, or Prescribed Information not served within 30 days of receipt, blocked Section 21 and still exposes you to a 1×–3× penalty that undermines any possession route until resolved (seek legal advice).

4. How to Rent booklet not given

The current edition of the government's "How to Rent" guide must be given at the start of the tenancy and again when a new edition is issued. Serving an out-of-date version counts as non-service.

5. Notice period too short

Section 21 needed at least 2 months. Section 8 notice periods vary by ground (for example Ground 8 rent arrears is now 4 weeks). Always check the exact ground and allow the full period.

6. Wrong form used

Section 21 used Form 6A; Section 8 uses Form 3. Using a letter or a general notice is not sufficient: the prescribed form is mandatory.

7. "Retaliatory eviction" defence

If the council served an improvement notice or the tenant complained in writing about disrepair in the past 6 months, courts could refuse possession as retaliatory. Maintain the property proactively, and this defence carries over to Section 8.

How to serve correctly today (Section 8):

Don't lose months of arrears to a missing certificate. LetCompliance checks every Section 8 precondition before you draft, pre-fills the ground wording verbatim from Schedule 2, and audit-logs the service so the court accepts the chain. For old Section 21 notices in the transition window, the same precondition tracker keeps your bundle court-ready.