Section 21 Abolished: What Landlords in England Must Do Instead from May 2026

Section 21 is abolished, and if you have been wondering what to do now that Section 21 is gone, the short answer is this: the “no-fault” route you used to rely on no longer exists, and every lawful way of regaining possession in England now runs through evidence, grounds and the right prescribed forms. The Renters’ Rights Act 2025 (RRA) came into force on 1 May 2026 and removed Section 21 of the Housing Act 1988 entirely. There is no transition window left in which an old Section 21 notice can still be served, and no version of the old Form 6A that still works.

That is a fundamental change. For nearly thirty years, possession was something a landlord could obtain almost on demand: serve a correct Section 21 notice, wait out the notice period, and the court would grant possession without asking why. From May 2026 the question “why do you want the property back?” is the centre of everything. You either have a recognised reason that the law accepts, or you reach agreement with the tenant. There is no third path.

This guide maps each thing landlords used Section 21 for onto the lawful alternative you must use instead, walks through the practical steps, gives a worked example, and answers the questions landlords ask most.

Why Section 21 was abolished and what replaced it

For decades, Section 21 let a landlord end an assured shorthold tenancy (AST) without giving any reason, provided the paperwork and pre-conditions were correct. It was the backbone of the buy-to-let model. The Renters’ Rights Act 2025 abolished that route as part of a much wider overhaul of the sector:

• No more Section 21. The “no-fault” notice cannot be served from 1 May 2026, full stop.
• No more fixed-term ASTs. Every assured tenancy is now periodic (rolling). Tenants can end the tenancy on two months’ notice; landlords can only end it using a statutory ground or by agreement.
• Possession is now grounds-based. To regain possession against the tenant’s wishes, you must rely on Section 8 of the Housing Act 1988 and prove a specific ground in court, or agree a mutual surrender with the tenant.

You can read the abolition itself in the Renters’ Rights Act 2025 on legislation.gov.uk, and GOV.UK guidance is the authoritative source for the prescribed forms. For the broader context of how this fits with the rest of the reforms, periodic tenancies, rent increases, pets and more, see our overview of the Renters’ Rights Act 2025 explained.

What “grounds-based” really means in practice

Under the old regime, the reason for possession was your private business. Under the new regime, the reason is a legal test. Each Section 8 ground has its own notice period, evidence requirements, and classification as either mandatory (the court must grant possession if the ground is made out) or discretionary (the court grants possession only if it considers it reasonable). Choosing the wrong ground, or stating the wrong notice period, is not a technicality the court will overlook, it is usually fatal to the claim.

What landlords must do instead: old Section 21 use, new lawful route

Most landlords used Section 21 for one of a handful of reasons. Here is what to do instead for each.

The key shift: you can no longer end a tenancy simply because you want to. You need either a recognised ground or the tenant’s agreement. Everything below is about doing one of those two things correctly.

Step 1: Stop using every Section 21 template you own

Any saved Section 21 notice (the old Form 6A), and any tenancy agreement that promises a fixed term or references Section 21, is now legally useless and potentially misleading. Serving an old Section 21 notice will not end the tenancy, will waste your notice period, and could expose you to complaints. Worse, a tenancy agreement still drafted around a fixed term and a no-fault exit signals to a tenant, or a court, that your paperwork is out of date, which invites scrutiny of everything else you have done.

Practical actions:

• Delete or archive every Section 21 / Form 6A template so nobody serves one by mistake.
• Rebuild your tenancy agreement around a periodic assured tenancy, with no fixed term and no reference to Section 21.
• Replace any rent-review clause, which is now banned, rent rises only via the Section 13 process once a year.

If you are unsure how the new default works, our guide to how tenancies end in England in 2026 walks through every lawful exit now available.

Step 2: Identify your genuine ground for possession

Section 8 now lists roughly 37 grounds, split into mandatory and discretionary. You must pick the ground (or grounds) that genuinely match your situation. The most relevant for landlords replacing Section 21:

Selling, Ground 1A (mandatory)

• Notice period: 4 months.
• Cannot be used in the first 12 months of the tenancy.
• You must genuinely intend to sell; misuse carries penalties, and you may be barred from re-letting for a period if you regain possession on this ground and then do not sell.

Moving in, Ground 1 (mandatory)

• Notice period: 4 months.
• Covers you, or a close family member, intending to occupy the property as their only or principal home.
• Like Ground 1A, it is subject to restrictions early in the tenancy.

Rent arrears, Ground 8 (mandatory)

• The tenant must owe at least 3 months’ rent (or 13 weeks’ if rent is weekly) both when you serve notice and at the hearing.
• Usually paired with the discretionary Grounds 10 (some arrears) and 11 (persistent late payment) as a fallback, in case arrears drop below the threshold before the hearing, for example if the tenant makes a partial payment.

Anti-social behaviour, Ground 14 (discretionary)

• You must evidence the behaviour. It can be served quickly, sometimes with immediate effect, but the court decides whether possession is reasonable.

Note that some legacy grounds, the old Grounds 3, 4 and 16, were abolished by the Act. Do not rely on an old list. Always confirm the current grounds and notice periods on GOV.UK before serving: get the ground wrong and the notice fails. Our explainer on the Section 8 notice and how landlords regain possession covers each ground in more depth.

Step 3: Serve the correct prescribed Section 8 form

A Section 8 notice must be served on the current prescribed form on GOV.UK. Do not rely on a form number quoted in an old article or saved on your computer; download the live version each time. The notice must:

• State every ground you are relying on, using the prescribed wording for each.
• Give the correct notice period for the longest applicable ground (for example, 4 months for Ground 1A).
• Set out the facts supporting each ground, for arrears, the exact sums owed and the dates they fell due.
• Be correctly completed, dated and served on all named tenants.

Mistakes here are the single biggest reason possession claims collapse. A notice that omits a ground you later want to rely on, states too short a notice period, or muddles the arrears figures will usually be thrown out, sending you back to the start months later. Our walkthrough on getting a Section 8 notice template right the first time covers the wording errors that void notices, and Section 8 vs Section 21: what changed explains the structural differences if you are coming straight from the old regime.

Step 4: Consider surrender where there is no ground

If you have no qualifying ground but the tenant is willing to leave, a mutual surrender ends the tenancy by agreement, cleanly and without a court claim. This is now the only realistic “early exit” where no statutory ground applies. Both parties sign a deed of surrender recording the agreed end date, the return of possession, and the position on the deposit and any final payments. It is faster and cheaper than any contested route, but it requires genuine agreement: you cannot force it, and a tenant who feels pressured can simply refuse and stay.

When is surrender the right choice over Section 8? Whenever the tenant is cooperative and you have no clean ground, or when both sides would prefer to avoid court. Our comparison of surrender vs Section 8 eviction helps you choose, and the deed of surrender template guide sets out the clauses a valid deed must contain.

Step 5: Make sure your pre-conditions are still in order

Even valid Section 8 grounds can be undermined if your basic compliance has slipped. Before serving, confirm:

• The deposit is protected in an authorised scheme and the prescribed information was served (HA2004 s.213–215).
• A current gas safety certificate, a valid EPC, and the latest How to Rent guide were provided to the tenant.
• Any required property licence or HMO licence is in place.
• Your tenancy agreement reflects the periodic, post-RRA regime, not a fixed term.

These obligations did not disappear with Section 21. Arrears grounds in particular get scrutinised closely in court, and a tenant defending a possession claim will look hard for a compliance failure to raise against you.

A worked example: a landlord who wants to sell

It helps to see the new route end to end.

The situation. You let a flat on what was originally a two-year AST. Under the RRA it automatically became a periodic assured tenancy on 1 May 2026. The tenant has been there 18 months and always pays on time. You have decided to sell the property with vacant possession.

Under the old regime, you would simply have served a Section 21 notice giving two months and let the periodic tenancy end. That route is gone.

Under the new regime, here is the path:

• Check the ground. Selling maps to Ground 1A. Because the tenancy has run more than 12 months, the ground is available, you could not have used it in the first year.
• Check the notice period. Ground 1A requires 4 months’ notice, not two. You build that into your timeline before you ever speak to an agent about a sale completion date.
• Serve the correct form. You download the current prescribed Section 8 form from GOV.UK, state Ground 1A with its prescribed wording, set the notice period correctly, and serve it on the named tenant, keeping proof of service.
• If the tenant leaves on time, possession is returned and you proceed to sell. If not, you apply to the court for a possession order. As Ground 1A is mandatory, the court must grant possession if the ground is properly made out, but only after the notice period and the court process.
• After possession, you must genuinely market the property for sale. Regaining possession on Ground 1A and then quietly re-letting instead can attract penalties.

The headline lesson: the same goal that once took a two-month no-fault notice now takes a four-month grounds-based notice, the correct form, and a genuine intention you may have to stand behind. Plan the timeline early.

Common mistakes to avoid

• Serving an old Section 21 notice “just in case.” It has no legal effect from 1 May 2026 and signals that you are not up to date.
• Choosing the wrong ground or stating too short a notice period, the most common reason notices are struck out.
• Relying on Ground 8 alone when arrears might dip below three months before the hearing. Always add the discretionary fallbacks, Grounds 10 and 11.
• Using Ground 1A or Ground 1 in the first 12 months of the tenancy, when they are not available.
• Letting compliance slip, an unprotected deposit or missing gas certificate can sink an otherwise good claim.
• Treating surrender as something you can impose. It only works with the tenant’s genuine agreement.

Frequently asked questions

Is Section 21 completely abolished, or can I still use it during a transition period?

It is completely abolished for England from 1 May 2026, with no transition window. Any Section 21 notice served from that date has no legal effect, so the only lawful routes to possession are a Section 8 notice on a recognised ground, or a mutual surrender agreed with the tenant.

What is the fastest way to regain possession now that Section 21 is gone?

Where the tenant is willing to leave, a mutual surrender is almost always faster and cheaper than any court route, because it ends the tenancy by agreement on a date you both choose. Where the tenant will not cooperate, you need a Section 8 ground, and the speed depends on the ground. Anti-social behaviour (Ground 14) can be served quickly, whereas selling (Ground 1A) or moving in (Ground 1) require four months’ notice before you can even apply to court.

Can I still get my property back to sell it or move in?

Yes. Selling is covered by Ground 1A and moving yourself or a close family member in is covered by Ground 1. Both are mandatory grounds requiring four months’ notice, and both are restricted during the first 12 months of the tenancy. You must genuinely intend to do what the ground says, misusing these grounds can carry penalties and re-letting restrictions.

How much notice do I have to give for rent arrears now?

For the mandatory arrears ground (Ground 8) the tenant must owe at least three months’ rent (or 13 weeks’ if rent is weekly) when you serve notice and at the hearing, and the notice period is typically around four weeks. Because arrears can fall below the threshold before the hearing, most landlords also cite the discretionary Grounds 10 and 11 as a fallback. Always confirm the current notice period on GOV.UK before serving.

Do I need to use a specific form number for a Section 8 notice?

Use the current prescribed form on GOV.UK rather than relying on any form number you have seen quoted. Prescribed forms are updated over time, and serving an out-of-date version risks invalidating your notice. Download the live form each time you need to serve.

What if I have no ground but I genuinely need the property back?

If no statutory ground applies, the only lawful route is to reach agreement with the tenant through a mutual surrender, recorded in a deed of surrender. You cannot force this, so the alternative is to wait until a genuine ground arises. There is no replacement for the old no-fault notice, that route has been removed entirely.

Coming soon

Tenancy Pilot is launching soon, and our possession toolkit is built for exactly this moment. It maps each old Section 21 use-case to the right Section 8 ground, selects the correct notice period for the grounds you have chosen, and produces a notice on the current prescribed form, plus a guided deed of surrender for the no-ground route, and deadline alerts so a four-month notice period never catches you out. Join the waitlist to be first to generate compliant, court-ready possession documents the day we launch.

This article is general information, not legal advice. Possession law is detailed and fact-specific. Always check the current rules and prescribed forms on GOV.UK and legislation.gov.uk, and consult a solicitor before serving a notice or starting a possession claim.