What was Section 21?
Section 21 of the Housing Act 1988 gave landlords the power to end an assured shorthold tenancy simply by serving two months' written notice. No reason was required. The landlord did not have to prove wrongdoing, and tenants had very little recourse.
This was known as a 'no-fault eviction'. For decades it was the most common route landlords used to regain possession of their property — whether to sell, refurbish, move back in, or simply because they wanted a different tenant. Government data showed that fear of Section 21 also deterred tenants from complaining about disrepair or poor conditions.
What changed on 1 May 2026?
From 1 May 2026, Section 21 is abolished entirely. No new Section 21 notices can be served from this date. Any notice purporting to be a Section 21 notice issued after 1 May 2026 is invalid and cannot be used in court proceedings.
This applies to all assured shorthold tenancies in England, regardless of when they started. There is no transitional period for existing tenancies — the abolition applies immediately.
How can landlords now end a tenancy?
Landlords who wish to recover possession must now rely on Section 8 of the Housing Act 1988 and prove one of the specific grounds set out in Schedule 2. These grounds are divided into mandatory grounds (where the court must grant possession if the ground is proven) and discretionary grounds (where the court may grant possession if it considers it reasonable).
Key mandatory grounds include Ground 1 (landlord requires the property for their own home), Ground 6 (major redevelopment), Ground 7A (serious antisocial behaviour), and Ground 8 (at least two months' rent arrears at the time of the hearing). Discretionary grounds include persistent rent arrears, breach of tenancy terms, and neglect of the property.
Importantly, even if a ground exists, the landlord must still go through the courts if the tenant does not leave voluntarily. There is no self-help remedy — a landlord who changes the locks or removes a tenant's belongings without a court order commits illegal eviction, which is a criminal offence.
What if you receive an eviction notice?
If your landlord gives you notice to leave, the first thing to do is check whether it is a valid Section 8 notice on a specified ground, or an invalid attempt to use Section 21. If it claims to be a Section 21 notice issued after 1 May 2026, it has no legal effect — you do not have to leave.
For valid Section 8 notices, check the ground being relied upon. If it is a discretionary ground, you can challenge it at court and argue that it is not reasonable to grant possession. If it is a mandatory ground such as rent arrears, consider whether the arrears figure is correct and whether you have any defence.
Always seek advice from Citizens Advice, Shelter, or a housing solicitor before taking any action. Legal aid may be available for housing cases.
What about retaliatory eviction?
One of the most important practical effects of abolishing Section 21 is that retaliatory eviction is no longer possible. Previously, tenants who complained about disrepair or poor conditions risked being served a Section 21 notice in response. With no-fault evictions gone, landlords have no legal mechanism to evict a tenant simply for complaining.
If you believe your landlord is trying to evict you in response to a legitimate complaint, document everything carefully. Use the repair log feature on this site to create a timestamped record of when you raised the issue and what response you received.