Short answer: no. From 1 May 2026, a landlord in England cannot serve a Section 21 no-fault eviction notice. The Renters' Rights Act 2025 abolished Section 21 outright, and every possession claim now has to go through Section 8 with a valid legal ground. This guide explains exactly what that means, the one narrow transitional situation, and what to do instead.
Can I still serve a Section 21 notice?
No. Section 21 of the Housing Act 1988 was repealed for new notices when the Renters' Rights Act came into force on 1 May 2026. A Section 21 notice served on or after that date has no legal effect. A court will not grant possession on the back of one, and attempting to force a tenant out on an invalid notice risks an illegal eviction claim, which carries unlimited fines and potential criminal liability.
What about a Section 21 notice I served before 1 May 2026?
There was a short transitional window. A Section 21 notice validly served before the commencement date could still be relied on for a limited period afterwards, provided the court proceedings were issued within the original statutory timescale. In practice, by the second half of 2026 that window has closed for almost everyone: a Section 21 notice is only valid for a set number of months, and those served in early 2026 have now expired. If you are relying on a pre-May notice, treat it as spent and move to Section 8.
So how do I regain possession now?
Through a Section 8 notice, citing one or more of the grounds for possession in Schedule 2 of the Housing Act 1988, as updated by the Renters' Rights Act. Unlike Section 21, you must have a reason, and you must be able to evidence it. The grounds fall into two types:
- Mandatory grounds: if you prove the ground, the court must grant possession.
- Discretionary grounds: even if you prove the ground, the court decides whether it is reasonable to grant possession.
The common landlord situations and the ground to use
- You want to sell the property. Ground 1A (mandatory), introduced by the Renters' Rights Act. You must have owned the property for at least 12 months, and you cannot re-let it for 12 months if the sale does not go ahead. Four months' notice.
- You or a close family member want to move in. Ground 1 (mandatory). Four months' notice. Same 12-month no-re-let restriction applies.
- Serious rent arrears. Ground 8 (mandatory) where at least three months' rent is owed at both service and hearing. Pair it with Grounds 10 and 11 as discretionary fallbacks in case the tenant pays down the arrears before the hearing.
- Anti-social behaviour. Ground 14 (discretionary), no minimum notice period. Your evidence is everything here.
Notice periods are generally longer than the old two-month Section 21 period, so the practical timeline to possession is longer. Planning ahead matters more than it used to.
What this means for you in practice
Three things follow from the end of Section 21:
- Documentation is decisive. Possession now turns on proof, so your rent records, tenancy agreement, deposit protection, and correspondence all need to be in order before you serve anything.
- Your tenancy agreement must be current. An old agreement that references Section 21 and a fixed end date is out of date. Issue a compliant periodic agreement so a judge is not reading terms that no longer reflect the law.
- Get the ground and the notice right first time. The most common reason possession claims fail is picking the wrong ground or a defective notice, which sends you back to the start.
Related guides
- Section 8 grounds: which one should I use? (2026 decision tree)
- Section 8 notices in 2026: the updated grounds for possession
- How to transition your AST to a periodic tenancy
- Section 21 abolition: local landlord guidance
PropReady generates a compliant Section 8 notice, checks which ground fits your situation, and keeps the evidence trail (rent ledger, certificates, deposit protection) that a possession claim depends on. It also flags the compliance gaps that could get a claim thrown out before you file.