Section 21, which allowed landlords to evict tenants without giving a specific reason, was abolished on 1 May 2026 under the Renters’ Rights Act. It has not been replaced by a single new notice. Instead, landlords in England must now use the Section 8 possession process, relying on specific statutory grounds such as Ground 1A (intention to sell), rent arrears, or antisocial behaviour to recover possession lawfully.
- Reform tackled the landlord-tenant power imbalance and curtailed retaliatory evictions, making tenants safer to report disrepair or challenge rent increases.
- Possession now relies on identifying a statutory ground, serving the correct notice, and proving evidence; tenancies shifted to an open-ended periodic model.
- Practical routes focus on Ground 1A for sale, mandatory arrears grounds, and antisocial behaviour; documentation and notice periods are decisive.
What this article covers:
- Why Section 21 was abolished and the policy logic behind the reform
- What has actually replaced it (and why the answer is a framework, not a single notice)
- Which Section 8 grounds matter most in practice
- Who the new rules affect and when they took effect
- Common misconceptions that can lead to costly mistakes
This article covers the law in England only. Scotland and Wales have separate legislative frameworks. This is general information, not legal advice. If you need advice specific to your tenancy, consult a qualified solicitor or licensed letting agent.
Why was Section 21 abolished?
Section 21 of the Housing Act 1988 gave landlords a straightforward way to end a tenancy without proving any fault on the tenant’s part. A landlord served a notice, waited out the required period, and could apply to court for possession. No reason was required, no evidence was needed, and the tenant had very limited grounds on which to challenge it.
The problem, as the government and housing campaigners argued for years, was that this created a significant power imbalance. Tenants who complained about disrepair, challenged a rent increase, or contacted the local authority about conditions in their home risked receiving a Section 21 notice shortly afterwards. This practice, known as a retaliatory or revenge eviction, deterred tenants from raising legitimate concerns.
Shelter reported that in just one quarter, 2,830 households were evicted by bailiffs using Section 21 notices, a figure that represented a 23% increase year on year. That data formed part of the evidence base that accelerated the case for reform.
Removing no-fault powers allows tenants to raise issues confidently without reprisal.
The Renters’ Rights Act was the government’s answer to this imbalance. The stated aim was to give approximately 11 million renters in England greater security, stability, and confidence to report problems without fear of losing their home. The abolition of Section 21 no-fault evictions was the central pillar of that reform, alongside the transition from assured shorthold tenancies to a new periodic tenancy model.
What has replaced Section 21? The real answer
This is where most coverage falls short. Section 21 has not been replaced by a single new notice or a like-for-like eviction tool. There is no “new Section 21.” Instead, the entire possession framework has changed.
Under the old system, assured shorthold tenancies (ASTs) were the default tenancy type in the private rented sector. Landlords could grant fixed-term ASTs and, when those terms ended, serve a Section 21 notice to recover possession without giving a reason. That model no longer exists. All existing ASTs automatically converted to assured periodic tenancies on 1 May 2026, and new fixed-term ASTs can no longer be created. Tenancies are now open-ended by default.
The key mindset shift: possession now requires a stated reason and supporting evidence, not just a correctly served notice.
What replaces Section 21 is a ground-based possession system under Section 8 of the Housing Act 1988. To regain possession, a landlord must:
- Identify a valid statutory ground that fits their reason for seeking possession
- Serve the correct Section 8 notice specifying that ground
- Wait out the notice period, which varies depending on the ground used
- Apply to court if the tenant does not leave voluntarily
| Feature | Old framework (AST + Section 21) | New framework (APT + Section 8) |
|---|---|---|
| Tenancy type | Assured shorthold tenancy (fixed-term) | Assured periodic tenancy (open-ended) |
| Possession route | Section 21 notice, no reason required | Section 8 notice, statutory ground required |
| Evidence needed | None | Yes, ground-specific |
| Tenant challenge rights | Very limited | Broader, ground-dependent |
| Court discretion | Minimal | Significant for discretionary grounds |
Which Section 8 grounds matter most now?
There are multiple Section 8 grounds under the Housing Act 1988, but for most private landlords, three categories cover the vast majority of real-world possession situations. Choosing the wrong ground, or failing to meet its evidential requirements, can cause significant delays and additional cost.
Important: not every landlord reason fits every ground. Starting with the right ground is the single most important step in the new possession process. For guidance on serving the notice correctly, see our Section 8 eviction notice template.
Ground 1A: intention to sell
Ground 1A is the most significant new ground introduced by the Renters’ Rights Act, and it is the closest practical equivalent to the old Section 21 route for landlords who want to exit the market or sell their property. It is a mandatory ground, meaning the court must grant possession if the ground is properly established.
- The landlord must genuinely intend to sell the property
- A minimum notice period of four months must be given
- Written evidence of the intention to sell should be retained, such as correspondence with an estate agent or a formal instruction to market the property
- There is a 12-month restriction after possession is granted: the landlord cannot re-let the property to a new tenant during this period
Rent arrears grounds
Rent arrears remain one of the most commonly used routes to possession and are covered by several Section 8 grounds. The most important is Ground 8, which is mandatory, meaning the court must grant possession if the threshold conditions are met at both the notice date and the hearing date.
- Ground 8 applies where the tenant owes at least two months’ rent (for monthly tenancies) at both the date the notice is served and the date of the court hearing
- The notice period for Ground 8 where serious arrears qualify is four weeks
- Accurate, up-to-date rent account statements are the primary evidence required
- Grounds 10 and 11 cover lesser arrears and persistent late payment respectively, but these are discretionary grounds where the court has more flexibility to refuse possession
Antisocial behaviour
Where a tenant or someone associated with the tenancy is causing nuisance, harassment, or criminal behaviour, the antisocial behaviour grounds under Section 8 provide a route to possession. These are fact-specific and evidence-dependent.
- Ground 7A is mandatory and covers serious antisocial behaviour or criminal convictions, carrying a shorter notice period
- Ground 14 is discretionary and covers broader nuisance or annoyance; it can be served immediately without a waiting period
- Evidence should include dated incident logs, written complaints from neighbours, and any correspondence with the police or local authority
| Ground | Reason | Type | Minimum notice |
|---|---|---|---|
| Ground 1A | Landlord intends to sell | Mandatory | 4 months |
| Ground 8 | Serious rent arrears | Mandatory | 4 weeks |
| Ground 10 | Some rent arrears | Discretionary | 2 weeks |
| Ground 11 | Persistent late payment | Discretionary | 2 weeks |
| Ground 7A | Serious antisocial behaviour | Mandatory | 2 weeks |
| Ground 14 | Nuisance or annoyance | Discretionary | Immediate |
Who the new rules apply to, and when they took effect
The changes introduced by the Renters’ Rights Act apply to private landlords and tenants in England. They do not apply in Scotland or Wales, which have separate legislative frameworks governing the private rented sector.
- Up to and including 30 April 2026: valid Section 21 notices could still be served under the old rules
- 1 May 2026: Section 21 was abolished; all existing ASTs automatically converted to assured periodic tenancies; no new fixed-term ASTs can be created
- 31 July 2026: the final date by which court proceedings based on a pre-abolition Section 21 notice could continue under transitional provisions
- After 1 May 2026: any Section 21 notice served is invalid and can result in a penalty of up to £7,000 per breach, enforced by the local authority
Landlords who were mid-way through a Section 21 possession case before abolition should seek specific legal advice on whether their proceedings fall within the transitional window. The GOV.UK implementation roadmap sets out the full timeline and transition details.
What about existing tenancies? Landlords do not need to issue new tenancy agreements. The conversion from AST to assured periodic tenancy happened automatically on the abolition date. However, old notice templates and AST-era assumptions no longer apply. Using an outdated Section 21 form or failing to identify the correct Section 8 ground before serving notice are among the most common mistakes landlords are making in the early post-abolition period.
Key benefits and drawbacks of the new system
The new framework represents a significant shift in the balance between landlord flexibility and tenant security. Understanding both sides helps landlords plan their approach to tenancy management and possession more effectively.
Benefits of the new framework
- Tenants have greater security and are more likely to report disrepair or raise concerns without fear of retaliatory eviction, reducing the risk of disputes escalating
- Mandatory grounds such as Ground 1A and Ground 8 still give landlords a clear, court-enforceable route to possession where the conditions are properly met
- Professional landlords who maintain good records and manage tenancies proactively are well placed to use the new framework efficiently
- The shift to periodic tenancies removes the administrative burden of renewing fixed-term agreements
Drawbacks for private landlords
- Landlords can no longer recover possession without giving a stated reason, which removes the flexibility that Section 21 provided for straightforward exits from a tenancy
- The Section 8 process is more procedurally demanding: the correct ground must be identified, the correct notice served, and evidence prepared before any court application is made
- Court delays remain a significant concern, particularly for discretionary grounds where the outcome is less certain
- Small private landlords who previously relied on Section 21 for speed or certainty face the steepest adjustment to the new system
- The 12-month restriction on re-letting after using Ground 1A limits flexibility for landlords who change their mind about selling after recovering possession
The bottom line for landlords: the new system rewards preparation. Landlords who document tenancy issues, keep rent records, and understand which ground applies to their situation before they need it will navigate the framework far more smoothly than those who act reactively.
Common misconceptions landlords still have
Myth: “Section 8 is the new Section
Fact: Section 8 is not a like-for-like replacement. Under Section 21, no reason was required. Under Section 8, the landlord must prove a specific statutory ground. If the ground is not established or the evidence is insufficient, possession will not be granted. The two processes are fundamentally different in what they require from the landlord.
Myth: “Landlords can no longer get their property back”
Fact: Landlords can still recover possession. The routes are more structured and evidence-dependent, but mandatory grounds such as Ground 1A (intention to sell) and Ground 8 (serious rent arrears) still give landlords a court-enforceable right to possession when the conditions are met. The process takes longer and requires more preparation, but the right to recover possession has not been removed.
Myth: “All Section 8 grounds work the same way”
Fact: Each ground has its own notice period, evidential requirements, and mandatory or discretionary status. Ground 1A requires four months’ notice. Ground 8 requires four weeks where qualifying arrears exist. Ground 14 can be served immediately. Using the wrong notice period, or conflating mandatory and discretionary grounds, can invalidate the notice entirely and require the process to start again.
Myth: “Old tenancy agreements and notice templates still work”
Fact: ASTs no longer exist in the private rented sector. Existing agreements converted automatically to assured periodic tenancies. Section 21 notice templates are invalid. Any landlord still using pre-abolition paperwork without reviewing it against the new framework is at risk of serving an invalid notice and, in the case of a Section 21 form, a financial penalty of up to £7,000. For a broader overview of your compliance obligations, see our landlord compliance checklist.
Key takeaways for landlords
Section 21 is gone. But landlord control has not disappeared. The possession framework has changed, not the right to recover your property. Here is what to take away:
- There is no single replacement for Section 21. The replacement is a framework built around assured periodic tenancies and specific Section 8 grounds. Start with your reason for needing possession, then identify the ground that fits.
- Ground 1A is the most relevant new ground for landlords who want to sell. It is mandatory, but it requires four months’ notice and genuine evidence of intention to sell.
- Rent arrears and antisocial behaviour grounds remain available and, where threshold conditions are met, mandatory grounds still give landlords a court-enforceable route to possession.
- Evidence and timing are now everything. The landlord who documents tenancy issues consistently, keeps rent records up to date, and serves the correct notice with the correct notice period will navigate the new system far more efficiently.
- Old templates are invalid. Section 21 notices, fixed-term AST agreements, and pre-abolition assumptions no longer apply. Review your paperwork and processes against the new framework before you need to use them.
- Penalties for getting it wrong are real. Serving an invalid Section 21 notice after abolition can result in a fine of up to £7,000, enforced by the local authority.
Frequently asked questions
What replaced Section 21 in England?
Section 21 has not been replaced by a single equivalent notice. Landlords must now use the Section 8 possession procedure under the Housing Act 1988, relying on specific statutory grounds that match their reason for seeking possession. Key grounds include Ground 1A (intention to sell), Ground 8 (serious rent arrears), and grounds covering antisocial behaviour. There is no no-fault route to possession under the new framework.
When was Section 21 abolished?
Section 21 was abolished on 1 May 2026 under the Renters’ Rights Act. Landlords could serve valid Section 21 notices up to and including 30 April 2026. Where a valid notice had been served before abolition, court proceedings could continue until 31 July 2026. Any Section 21 notice served on or after 1 May 2026 is invalid and can attract a financial penalty of up to £7,000.
What is Ground 1A and when can a landlord use it?
Ground 1A is a new mandatory possession ground introduced under the Renters’ Rights Act. It allows a landlord to recover possession where they genuinely intend to sell the property. The landlord must
