Section 21 is Gone: What Landlords Need to Know in 2026

Section 21 is Gone: What Landlords Need to Know in 2026

Section 21 notices are no longer a valid means for landlords in England to end a tenancy.

This change, part of the Renters’ Rights Act, signalled the end of the Assured Shorthold Tenancy (AST) and the beginning of a unified system of Assured Periodic Tenancies.

For landlords, this change means that the “shorthold” element of renting has been removed. Possession can no longer be sought without a specific legal reason. 

  1. Can landlords still use a Section 21 notice in 2026?
  2. Why has Section 21 been scrapped?
  3. How will landlords regain possession now?
  4. The main differences between Section 21 and Section 8 evictions

The only way to serve notice is via the expanded Section 8 framework. Use our free tool for peace of mind.

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Can landlords still use a Section 21 notice in 2026?

Now that the Renters’ Rights Act is in force, you can no longer serve new Section 21 notices to end a tenancy.

The ability to end a tenancy without giving a valid legal ground has been removed for all residential tenancies, no matter when they started.

There is still a limited “in-flight” period for notices served before the change took effect:

  • Any valid Section 21 notice served on or before 30th April 2026 can still be relied on for a short period.
  • If you served a notice before that date, you must apply to court within strict time limits, usually either 3 months from 1st May 2026 or 6 months from the original service date, whichever comes first. If you miss these deadlines, the notice becomes invalid.

Example 1:

If you served a Section 21 notice on 10th November 2025, the six-month deadline would fall on 10th May 2026.

Because this is earlier than the 3-month post-commencement cutoff of 31st July 2026, you must apply to court by 10th May 2026.

Example 2:

If you served a notice on 15th February 2026, the six-month deadline would fall on 15th August 2026.

However, the transitional rules bring this forward to the hard cutoff of 31st July 2026, so you must apply by that date instead.

When was the last day to serve a Section 21 notice?

You could only serve a valid Section 21 notice up until the Renters’ Rights Act came into force on 1st May 2026.

That means the final day to serve one was Thursday, 30th April 2026. Any notice served after that point is no longer valid.

If you served a Section 21 notice before the Act started, it may still remain valid. However, you must still apply to court for possession within the relevant time limits (outlined above) for it to be enforced.

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Why has Section 21 been scrapped?

The government’s aim is to provide tenants with greater “security of tenure”.

By removing the ability to end a tenancy without a stated reason, the Act effectively prevents “retaliatory evictions” – where a tenant might be asked to leave simply for requesting repairs. It also aims to provide households with the stability to plan further ahead without the uncertainty of a two-month “no-fault” notice.

For you, this means the “shorthold” part of Assured Shorthold Tenancies has been abolished – all private assured tenancies in England are now Assured Periodic Tenancies

All tenancies now operate on a rolling periodic basis from the start, as fixed-term contracts are no longer legally permitted. 

While you no longer have the right to seek automatic possession simply because a fixed term has ended, the framework has been balanced by strengthening and expanding the mandatory Section 8 grounds

This means that you can still regain your property when you have a valid legal reason, such as the need to sell the property or move back in.

How will landlords regain possession now?

Without Section 21, you must now rely entirely on Section 8 notices. This requires you to cite a specific legal ground for possession. The updated Section 8 framework includes a wider and more detailed set of grounds to reflect the removal of the “no-fault” route.

If you need to regain possession, you can use our free Section 8 notice serving tool. It has been thoroughly reviewed by our legal team and is designed to meet the latest requirements.

Need to serve a Section 8 notice? Ensure it’s done correctly and legally with our free notice-serving tool.

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The main differences between Section 21 and Section 8 evictions

The key difference between the legacy Section 21 system and the current Section 8 framework is fundamental: you now must cite a specific legal reason to regain possession.

Section 21 was the “no-fault” route. It allowed you to end an Assured Shorthold Tenancy at the end of a fixed term by giving 2 months’ notice, without explaining why.

That route no longer exists. Every possession claim now must proceed through Section 8, where you must rely on a specific legal ground. This includes rent arrears, a breach of tenancy terms, or the expanded mandatory grounds, such as your intention to sell or move back into the property, among other things.

The court process has also changed in practice. Section 21 cases often relied on a paper-based ‘accelerated’ procedure, which generally didn’t require a hearing. Section 8 cases always involve a hearing, where a judge must verify the evidence before making a decision.

Notice periods also vary significantly under Section 8. They can be immediate in serious anti-social behaviour cases, or have been extended to 4 months for certain mandatory grounds, such as the landlord moving back into the property or intending to sell.