Section 21 Is Dead: What Landlords and Tenants Must Know About the Renters' Rights Act 2025
Section 21 abolished 2026 is now reality: since 1 May 2026, landlords in England can no longer serve "no-fault" Section 21 notices. The Renters' Rights Act 2025 converted every assured shorthold tenancy into a rolling periodic assured tenancy, so ending a tenancy now needs a valid Section 8 ground and, in most cases, a court order. This guide explains the Section 8 grounds, the new periodic tenancy rules, a landlord compliance checklist and tenant protections. The reforms are still bedding in, so check the current position before you act.
The biggest shake-up in private renting for a generation has landed. If you have searched for what "section 21 abolished 2026" means in practice, this is the plain-English answer for both sides of the tenancy. A quick note on naming first: the reforming statute is the Renters' Rights Act 2025 (some early coverage called it the 2026 Act), and its ban on Section 21 took effect on 1 May 2026.
Section 21 Abolished: What This Means from 1 May 2026
Section 21 of the Housing Act 1988 allowed a landlord to evict an assured shorthold tenant without giving a reason, once any fixed term had ended. From 1 May 2026 that route is closed. Three things happened on that date under the Renters' Rights Act 2025:
● No more Section 21 notices. Landlords cannot serve new no-fault notices, and cannot rely on one to obtain possession.
● Assured shorthold tenancies disappeared. Every existing assured shorthold tenancy converted automatically into a single new type of assured tenancy that is periodic (rolling), with no fixed term.
● Eviction became grounds-based. To recover possession, a landlord must now use one of the grounds in Section 8 and, if the tenant does not leave, apply to the court.
There is a narrow transitional rule. If a valid Section 21 or Section 8 notice was served before 1 May 2026 and possession proceedings were already under way, that tenancy can remain on the old footing until the case concludes.
For everyone else the change was automatic: no one had to sign anything, and no action was needed to convert an existing tenancy. The reforms apply to the private rented sector in England. Social housing is treated separately, and Wales, Scotland and Northern Ireland each have their own regimes.
How to Evict Legally Now: Section 8 Grounds Explained
Possession now depends on establishing a ground. The grounds fall into two families:
● Mandatory grounds: if the ground is proved, the court must order possession. These include serious rent arrears and certain landlord circumstances.
● Discretionary grounds: the court orders possession only if it is reasonable to do so, for example for persistent late payment or breach of the tenancy.
Several grounds were reshaped by the Renters' Rights Act 2025. Key examples include:
● Landlord or family moving in, and sale of the property. New and expanded grounds let a landlord recover a home to live in, or to sell. As a safeguard, these generally cannot be used in the first 12 months of a tenancy, and require longer notice (reported as four months).
● Rent arrears. The main mandatory arrears ground was tightened: the threshold moved to three months' (or 13 weeks') arrears, with a longer notice period before proceedings.
● Anti-social behaviour. Grounds targeting anti-social behaviour remain and were adjusted to be easier to rely on in serious cases.
● Breach of tenancy and damage. Discretionary grounds still cover breaches of the tenancy agreement and damage to the property.
● Other defined grounds. Further grounds deal with situations such as the death of a sole tenant, redevelopment, and letting to students in the academic cycle.
Because the detailed thresholds and notice periods are set by the Act and regulations and can change, always confirm the current requirements for the specific ground before serving a Section 8 notice.
Whichever ground you use, the outline of the process is the same: serve a valid Section 8 notice specifying the ground and the correct notice period, and if the tenant does not leave, apply to the County Court for a possession order. Only the court process, ending with a bailiff or enforcement officer, can lawfully remove a tenant. Changing the locks or forcing someone out yourself is a criminal offence.
For tenants, this cuts the other way: a Section 8 notice is not itself an eviction. You are entitled to remain until a court orders possession, you can dispute the ground or the arithmetic of the arrears, and you can raise counterclaims, for example for disrepair. With grounds-based possession, the paperwork and the evidence matter on both sides, so take advice early.
Rolling Periodic Tenancies: Rights and Obligations
Under the new system there is one assured tenancy, and it is periodic. Rent periods cannot exceed a month, so tenants effectively pay monthly and can leave by giving notice (reported as two months) rather than being locked into a fixed term.
Rent increases are now standardised. A landlord can raise the rent once a year using the statutory procedure, and the tenant can challenge an increase at the First-tier Tribunal, which cannot order more than the landlord proposed. The Act also restricts demanding large amounts of rent in advance and bans rental bidding wars, so tenants may no longer be played off against each other above the advertised rent.
Two further changes protect renters. Landlords can no longer demand large sums of rent up front beyond the first period, a practice that had shut out tenants who could not pay months in advance. And tenants gain a right to request to keep a pet, which a landlord cannot unreasonably refuse, although the landlord may require pet insurance to cover any damage.
What Landlords Must Do Now: Compliance Checklist
● Stop using Section 21. Any possession must now rest on a Section 8 ground with proper evidence.
● Update tenancy paperwork to reflect periodic assured tenancies and the statutory rent-increase process.
● Register with the new Private Rented Sector Database and join the landlord redress (ombudsman) scheme as these requirements come into force.
● Meet the Decent Homes Standard and the extended "Awaab's Law" duties, which bring strict timescales for tackling serious hazards such as damp and mould into the private rented sector.
● Follow the rules on pets: a tenant can request to keep a pet and the landlord must not unreasonably refuse.
● Do not discriminate against tenants on benefits or with children, which is now unlawful in the rental market.
● Keep meeting deposit protection, gas, electrical and property-condition standards, which continue to apply.
Deposits deserve emphasis: a tenancy deposit must still be protected in an authorised scheme within 30 days, and a landlord who fails can be ordered to pay the tenant between one and three times the deposit under the Housing Act 2004, as well as facing difficulties recovering possession.
Tenant Rights After Section 21 Abolition
Tenants gain real security. You cannot be evicted without a valid reason, and if you dispute the landlord's ground you can require them to prove it in court. You have a clear route to challenge above-market rent increases, protection from unfair bidding, the ability to request a pet, and stronger protection against discrimination. You can also end the tenancy yourself on notice, so the loss of fixed terms cuts both ways in your favour.
There are teeth behind these rights. If a landlord harasses you or tries to remove you without a court order, that is unlawful eviction, a criminal offence for which you can seek an injunction and damages. And if your home has serious disrepair, the new hazard timescales give you a firmer route to force repairs rather than waiting indefinitely.
Frequently Asked Questions
Can my landlord still evict me in 2026? Yes, but only using a Section 8 ground, such as serious arrears or wanting to sell or move in, and usually only with a court order after a proper notice. If you receive a notice, check the stated ground and the dates carefully: defective notices fail.
I am mid fixed-term. What happened to my tenancy? On 1 May 2026 it became a periodic assured tenancy. There is no longer a fixed term to see out, and you can leave on notice.
How much notice must a landlord give now? It depends on the ground. Grounds like sale or moving in are reported to require around four months' notice and cannot be used in the first year of a tenancy.
Can my rent still go up? Yes, once a year through the statutory process. You can challenge an unreasonable increase at the First-tier Tribunal, which cannot award more than the landlord asked for.
Does this apply in Wales, Scotland or Northern Ireland? No. The Renters' Rights Act 2025 applies to England. Wales has its own regime under the Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland differ again.
Key Takeaways
● Section 21 no-fault eviction ended on 1 May 2026 under the Renters' Rights Act 2025.
● All assured shorthold tenancies became rolling periodic assured tenancies.
● Landlords must now use a Section 8 ground and, usually, a court order to evict.
● Tenants gain security of tenure, rent-increase challenges, pet rights and anti-discrimination protection.
Sources
● Renters' Rights Act 2025; Housing Act 1988 (as amended), sections 8 and 21
● gov.uk guidance on the Renters' Rights Act and the Private Rented Sector Database
● Renting Homes (Wales) Act 2016 (for the position in Wales)
Not sure which Section 8 ground fits your situation? Research Renters' Rights Act with Ask.Legal and get a sourced answer before you serve notice.
This article is general information about the law of England and Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.