Section 21 is Abolished: What Landlords Do Now

On 1 May 2026, Section 21 "no-fault" eviction notices were abolished in England under the Renters' Rights Act 2025, which received Royal Assent the previous October. For the first time in decades, landlords can no longer simply serve two months' notice and end an assured shorthold tenancy without giving a reason. Every possession claim must now go through Section 8, relying on one of a defined set of legal grounds. This is one of the most significant shifts in landlord-tenant law in a generation, and it has left many landlords unsure exactly how to proceed. This guide explains, in plain English, what's actually changed, what you can and can't do now, and how to approach regaining possession the right way.

What exactly has changed?

Previously, landlords had two routes to end a tenancy and regain possession: Section 21, which let you give notice without stating a reason (provided certain procedural requirements were met), and Section 8, which required you to prove that one or more specific legal grounds (such as rent arrears or anti-social behaviour) applied. Section 21 was, for many landlords, the simpler and more predictable route, especially when the reason for wanting possession back (selling, moving in, or simply not wanting to continue letting) didn't fit neatly into an existing Section 8 ground.

That route no longer exists. From 1 May 2026, Section 21 notices can no longer be served, and any served before that date have a limited window in which they remain valid before they expire. Every new possession claim must rely on Section 8 and a recognised ground. The Act also moves tenancies onto a simpler structure: assured shorthold tenancies are being phased out in favour of periodic assured tenancies, meaning fixed terms can still be offered at the outset but will roll onto a periodic basis rather than requiring renewal.

The new mandatory grounds for selling and moving in

Recognising that "I want to sell" or "I want to move in" were common, legitimate reasons landlords used Section 21, the Act introduced two new mandatory grounds specifically for these situations: Ground 1A (selling the property) and Ground 1 (the landlord or a close family member moving in). When a mandatory ground is properly proven, the court has no discretion: it must grant possession. This is important, because it means these routes remain genuinely available to landlords with real plans to sell or occupy, but they come with conditions that didn't apply to a simple Section 21 notice:

• The 12-month rule. Neither ground can be used until the tenancy has run for at least 12 months. If you're considering a new letting with a view to potentially selling or moving in within the first year, this is a critical planning point.
• Four months' notice. Both grounds require four months' written notice, twice the two months that applied under Section 21, giving tenants significantly longer to find alternative accommodation.
• Genuine intention required. The court will expect to see evidence of a real intention to sell or occupy, such as instructions to an estate agent, or your own current living circumstances. Using these grounds without a genuine basis risks the claim failing, and can expose you to penalties.

Mandatory vs discretionary grounds: why it matters

Section 8 grounds fall into two categories, and understanding the difference is essential to choosing the right strategy. Mandatory grounds, such as serious rent arrears (Ground 8, broadly two or three months' worth depending on how rent is paid) or the new selling and moving-in grounds, mean the court must grant possession once the ground is proven and the correct procedure followed. Discretionary grounds, such as general arrears (Ground 10), persistent late payment (Ground 11), anti-social behaviour (Ground 14) or breach of tenancy terms (Ground 12), require the court to additionally decide that it is reasonable to grant possession, weighing up the circumstances of both parties. Discretionary grounds are inherently less predictable, which makes strong, well-organised evidence even more important, and it's often sensible to cite multiple grounds together where more than one genuinely applies, giving the court alternative routes to a decision.

How to approach regaining possession now

The practical process for landlords has become more structured, and arguably more front-loaded in terms of preparation. A sensible approach looks something like this:

• 1. Identify your actual ground(s). Be honest with yourself about why you want possession back, and which recognised ground(s) genuinely fit. Our Section 8 Grounds Checker walks through your situation and points you to the most likely grounds, the notice period required, and the evidence you'll need.
• 2. Start gathering evidence early. Whether it's a rent ledger, correspondence about a breach, instructions to an estate agent, or records of your own circumstances, the strength and organisation of your evidence is often what determines whether a claim succeeds, and how quickly.
• 3. Serve the correct notice, with the correct period. Notice periods vary by ground, from as little as two weeks for some breaches to four months for selling or moving in. Getting this wrong is one of the most common reasons claims are delayed or fail outright.
• 4. Be prepared to go to court if needed. If the tenant disputes the notice or doesn't leave once it expires, you'll need to apply for a possession order and, potentially, a warrant for eviction afterwards. This is a formal legal process with strict procedural requirements, and early legal advice is often the difference between a smooth process and a costly, drawn-out one.

What this means for how you let property going forward

Beyond the immediate question of "how do I get my property back if I need to," the abolition of Section 21 is likely to change how many landlords approach letting more broadly. Tenant selection, the quality and clarity of tenancy agreements, proactive management of arrears and issues as they arise (rather than letting them build up), and simply understanding the grounds available to you before you need them, all become more valuable than they were when a no-fault notice was always available as a fallback. None of this means letting property has become impractical, but it does reward landlords who plan ahead and manage proactively over those who relied on Section 21 as a safety net.