Section 21 Is Being Abolished: What Do I Do?

Section 21 is going. You will still be able to get your property back, but only if you can prove a Section 8 ground. Your job now is to decide whether to use Section 21 while you still can, or to get ready for the new regime.

"This guide provides general information about UK landlord tax obligations. It is not financial or legal advice. Tax treatment depends on your individual circumstances and may change. Consider consulting a qualified accountant or solicitor for advice specific to your situation."

1. What is actually happening and when?

From 1 May 2026 in England:

• Section 21 is abolished for all assured shorthold tenancies, new and existing.
• You will only be able to regain possession using Section 8 grounds (with the updated list in the Renters' Rights Act).
• New grounds and amended grounds apply to existing ASTs and fully assured tenancies, not just new ones.

Key practical points from government and guidance

• You cannot use Section 21 for tenancies that start on or after 1 January 2026.
• For older ASTs, any Section 21 notice must:
• Be properly served before 1 May 2026, and
• Have a latest "possession proceedings can start" date before 1 August 2026, or it will not be valid for issuing a claim.
• After this transition window, Section 21 is dead.

2. What replaces Section 21: strengthened Section 8 grounds

From 1 May 2026 you will rely on Section 8 with an updated, beefed-up list of grounds.

Key ones for most landlords

New mandatory Ground 1A - sale of property

• You can seek possession if you genuinely intend to sell with vacant possession.
• 4 months' notice.
• The tenancy must have been running for at least 12 months before the notice can expire.

Amended Ground 1 - landlord or family member to live in the property

• Extended to a wider range of family members.
• You no longer have to have lived there before, and you do not need to warn at the start of the tenancy.
• Generally 4 months' notice and cannot be used in the first 12 months.

Ground 8 - serious rent arrears (mandatory)

• Still mandatory where arrears hit the threshold (roughly 3 months' rent), with 4 weeks' notice.

New Ground 8A - repeated serious arrears (mandatory)

• Tenant has been at least 2 months in arrears on 3 separate occasions in the last 3 years, even if arrears have been cleared by the hearing.
• Targets serial non-payers who game the old Ground 8.

Grounds 10 and 11 - some arrears / persistent late payment (discretionary)

• Still there, with 4 weeks' notice and the court deciding reasonableness.

ASB and criminality grounds

• Anti-social behaviour grounds are tightened to allow quicker action in serious cases, often with shorter notice and a stronger focus on evidence.

In short: You lose the "no-fault two-month shortcut", but gain clearer sale and repeated-arrears grounds on top of the existing rent and ASB grounds.

3. What you should do before 1 May 2026

Ask yourself one blunt question:

Is there any property where, if Section 21 vanished tomorrow, I would immediately wish I had used it?

If yes, you have a time-limited window.

Before 1 May 2026

Review your portfolio

• Problem tenants you were planning to exit.
• Properties you plan to sell with vacant possession.
• Units you want to refurbish and re-position.

If you genuinely intend to regain possession and you can tick every current Section 21 requirement (deposit protection, prescribed info, gas/EICR/EPC, licences, How to Rent etc.), consider:

• Serving a Section 21 notice now, making sure the date for starting proceedings falls before 1 August 2026 if you might need to issue a claim.

If you are not ready (missing compliance paperwork, licensing issues), do not rush a defective Section 21. It will be thrown out and may complicate later Section 8 cases.

Be honest: using Section 21 purely to exit a good tenant "just in case" is a business choice, but it carries void, reletting and reputational risk. Make that decision consciously.

4. What you need to do after 1 May 2026

Once Section 21 has gone, your focus shifts.

From May 2026 onwards

Know your Section 8 grounds cold

• You need to be able to say which ground you would use for each property and what evidence you would rely on.
• Update your internal playbook: arrears timeline, ASB evidence gathering, sale/move-in plans.

Tighten tenancy agreements and documents

• Ensure your AST templates are aligned with Renters' Rights requirements on:
• Terms, rent increases, pets, notice clauses etc.
• Keep your compliance file in order: EPC, gas, EICR, licences, deposit paperwork.
• Sloppy paperwork makes Section 8 claims much easier to attack.

Register with the PRS Database and Ombudsman when required

• The Renters' Rights package includes a national PRS database and a mandatory landlord Ombudsman scheme.
• All private landlords in England will have to:
• Register themselves and each property on the PRS database.
• Join the Ombudsman, even if they use an agent.
• Failure to register can mean civil penalties and restrictions on serving possession notices.

Expect slower courts and more hearings

• With no accelerated Section 21 route, every possession claim will need a hearing.
• Commentary from firms and landlord groups expects longer delays, especially in 2026-27.
• Build that into your arrears strategy: act earlier, not later.

5. The realistic impact - what this does and does not change

What does change

• You lose the ability to end any tenancy for no reason with a 2-month Section 21.
• Possession will require:
• A ground.
• A properly drafted Section 8 notice.
• Evidence.
• A court hearing.

What does not change

You can still regain possession where:

• You need to sell,
• You or family need to move in,
• The tenant is in serious or repeated arrears,
• There is serious ASB or criminality.

Good landlords with decent tenants and tight paperwork will, in many cases, barely notice day-to-day:

• You were not using Section 21 every year.
• You already kept records and complied with licensing and safety.

Who really feels the pain

Landlords who:

• Skipped licensing or deposit rules and used Section 21 as a shortcut.
• Tolerated marginal tenancies and used Section 21 as a "routine churn" tool.

That model is over. The new model is document everything, act early on grounds, and be ready to prove your case.

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