Section 21 abolished: what replaces it
Section 21 no-fault evictions ended on 1 May 2026 for private assured tenancies in England. Landlords seeking possession now need a section 8 notice on Form 3A and a legal ground. You cannot serve a new section 21 notice. An old notice only supports continuing court proceedings if the claim form was requested within the applicable deadline (31 July 2026 at the latest).
Checked against the Renters' Rights Act 2025, section 2 and Schedule 6, SI 2026/421, and gov.uk possession guidance. Checked on 23 Oct 2026.
Which possession route applies?
OLD NOTICES AND NEW CLAIMS| Route | Condition | What happens next |
|---|---|---|
| A. No claim requested in time | The final application date was 31 July 2026, or earlier if the notice's own time limit ran out sooner. A notice whose earliest proceedings date was 1 August 2026 or later cannot be used. |
Serve a new section 8 notice on Form 3A. The old application route is closed. An unused section 21 notice does not remain available simply because it was served before abolition. After the missed deadline, the tenancy is an assured periodic tenancy; seeking possession requires a new notice and a possession order. Court application guidance. Checked on 23 Oct 2026. |
| B. Claim form requested in time | The court was asked to issue the claim form before the applicable deadline. |
The notice remains valid until proceedings conclude. The saving also covers a claim form requested before commencement. If the judge makes no possession order and dismisses the claim, the tenancy becomes assured periodic. Transitional provisions. Checked on 23 Oct 2026. |
| C. Seeking possession now | Use section 8 and Form 3A, with a ground for possession. |
Notice is usually 4 months where the tenant has done nothing wrong, with 2 months in some specialist cases. The court application window is usually up to 12 months. The enforcement guidance describes a fine of up to £7,000 for attempting to end the tenancy through a notice to quit or an invalid purported notice. Accelerated possession is usually unavailable. Checked on 23 Oct 2026. |
When did section 21 end?
The abolition took effect on 1 May 2026 for private assured tenancies in England. Section 2 of the Renters' Rights Act 2025 removes Chapter 2 of Part 1 of the Housing Act 1988, the assured shorthold tenancy chapter. Landlords cannot serve section 21 notices to seek possession under the replacement system.
Checked on 23 Oct 2026.
Can I still use a section 21 notice served before 1 May 2026?
Serving the notice before abolition was not enough. The transitional guidance covers notices served on or before 30 April 2026 that remained valid immediately before 1 May 2026. An old section 21 notice required the tenancy to have started at least 4 months before service, and Form 6A or a form substantially to the same effect.
The guidance required a court application by the earlier of the time left on the notice and 31 July 2026. That date was the final application day.
Schedule 6, paragraph 4 expresses the outer limit differently: 6 months from the notice date, or 3 months from commencement if that period ends sooner. The statute does not print "31 July"; the guidance gives the calendar deadline.
Checked on 23 Oct 2026.
What if the court claim was already started?
Under Schedule 6, requesting the claim form within the applicable period preserves the notice until proceedings conclude. A request made before 1 May 2026 also preserves it until proceedings end.
The guidance confirms that cases requested by 31 July 2026 continue. If the judge makes no possession order and dismisses the claim, the tenancy becomes assured periodic, with new rights and obligations under the Renters' Rights Act 2025.
Checked on 23 Oct 2026.
What notice replaces section 21?
The replacement is a section 8 notice. You need a ground for possession and must use Form 3A, or a form substantially to the like effect, according to the possession guidance. See the section 8 notice guide for grounds and forms.
How long is the notice, and how long do I have to apply?
Gov.uk guidance gives a usual notice period of 4 months where the tenant has done nothing wrong; some specialist cases have a 2-month period. Where the tenant is at fault, for example through rent arrears or antisocial behaviour, notice periods are shorter; see the section 8 notice guide. For section 8 notices given on or after 1 May 2026, landlords usually have up to 12 months to apply to court.
Accelerated possession is usually unavailable, even after a valid pre-abolition section 21 notice.
Checked on 23 Oct 2026.
What if I use a notice to quit or the wrong form?
The enforcement guidance describes a fine of up to £7,000 for trying to end the tenancy through a notice to quit or an invalid purported notice of possession. See other penalties under the Act separately.
Checked on 23 Oct 2026.
What is outside this page?
This page does not cover debt respite, called breathing space, for old rent-arrears notices. Social housing let by a private registered provider has a different, later start and is outside this guide.
General information, not legal advice. Laws and dates change. Check the Act before you act.
Independent guide. Not a government service and not affiliated with the PRS Database operator.