Section 21 Is Gone: What Landlords Must Do Now
From 1 May 2026, Section 21 no-fault evictions cease to exist. Every possession claim must use Section 8 with a valid ground. If you have relied on Section 21 as your safety net, you need a new strategy — starting now.
For decades, Section 21 has been the landlord backstop. Tenant not paying? Serve a Section 21. Want to sell? Section 21. Relationship broken down? Section 21. No reason needed, no evidence required, just two months notice and a court order.
That era ends on 1 May 2026. The Renters Rights Act abolishes Section 21 entirely, and every landlord in England needs to understand what replaces it.
What Replaces Section 21
All evictions will now go through Section 8 of the Housing Act 1988. Section 8 requires you to have a specific legal ground for possession. You must prove the ground applies, and in many cases a court will decide whether to grant possession.
The Renters Rights Act also reforms Section 8, adding new grounds and modifying existing ones to ensure landlords still have legitimate routes to regain their property. Here are the key grounds you need to know:
Ground 1 — Landlord Wants to Sell
You can regain possession to sell the property. You must give four months notice, and you cannot use this ground within the first 12 months of a tenancy. This is a mandatory ground — the court must grant possession if you prove your intention to sell.
Ground 1A — Landlord or Family Wants to Move In
You or a close family member needs to live in the property. Four months notice, not available in the first 12 months. Also a mandatory ground. You must genuinely intend to occupy — using this ground dishonestly can result in compensation claims from the tenant.
Ground 8 — Serious Rent Arrears
The tenant owes at least two months rent at the time you serve notice AND at the date of the court hearing. This is a mandatory ground — the court must grant possession. However, if the tenant pays down the arrears below two months before the hearing, the ground fails.
Ground 14 — Anti-Social Behaviour
The tenant or someone living with them has been guilty of conduct causing nuisance or annoyance. This is a discretionary ground — the court decides whether it is reasonable to grant possession. Evidence is critical: keep records, police reports, and neighbour complaints.
Grounds 10 and 11 — Some Rent Arrears
For arrears below the two-month threshold. These are discretionary — the court weighs up the circumstances. Useful for persistent late payment even if the tenant never hits two full months of arrears.
The 12-Month Protection Period
The Act introduces a 12-month protection period at the start of every tenancy. During this period, landlords cannot use Grounds 1 or 1A (selling or moving in). This prevents landlords from letting a property with no intention of maintaining the tenancy.
This means tenant selection becomes more important than ever. You cannot easily exit a bad tenancy in the first year, so thorough referencing and right-to-rent checks upfront are essential.
Compliance Is Now Linked to Eviction
Here is the part many landlords miss: under the new rules, you may be unable to serve a valid Section 8 notice if you are not compliant with your legal obligations. No valid Gas Safety Certificate? No valid EICR? Not registered on the PRS Database? Your notice could be challenged and thrown out.
Compliance is no longer just about avoiding fines. It is about maintaining your ability to manage your property. If you let your gas cert expire, you could find yourself unable to evict a tenant who has stopped paying rent.
What to Do Now
Review your tenancy agreements. Make sure they are compatible with periodic tenancies. Fixed terms are being phased out — all new tenancies must be periodic from the start.
Get your compliance documents in order. Gas Safety Certificate, EICR, EPC — all must be current and valid. Any lapse weakens your legal position if you need to seek possession.
Improve your tenant referencing. Without Section 21 as a quick exit, choosing the right tenant matters more. Use a proper referencing service that checks employment, credit history, and previous landlord references.
Document everything. If you ever need to use a discretionary ground, evidence is everything. Keep written records of communications, maintenance issues, complaints, and rent payment history.
Join the NRLA. The National Residential Landlords Association provides legal advice, template documents, and guidance on the new rules. The membership fee pays for itself the first time you need legal support.
Stay Compliant. Protect Your Ability to Evict.
ComplianceBot tracks all your compliance documents and alerts you before anything expires. Do not let a lapsed certificate block a possession claim.
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