Quick answer: From 1 May 2026, landlords in England can no longer serve new Section 21 “no-fault eviction” notices. Any notice issued on or after this date is invalid. Landlords must now use a Section 8 notice and provide specific legal grounds for eviction. The reforms provide tenants with greater security of tenure while requiring landlords to rely on specified statutory grounds for possession.
For decades, Section 21 has been one of the most significant and contentious tools in the private rental sector. Known as the “no-fault eviction” notice, it allowed landlords to reclaim possession of a property without giving any reason. That changed on 1 May 2026, when the Renters’ Rights Act 2025 came into force, fundamentally reshaping the eviction landscape in England.
For landlords, the stakes are high. Failing to follow the new procedures can result in criminal liability, not just a failed possession claim. For tenants, understanding your rights under the new rules could be the difference between keeping your home and losing it.
This post covers everything you need to know: what Section 21 was, what has changed, the key deadlines, how evictions now work under Section 8, and where to get specialist legal advice.
What Is a Section 21 Notice?
A Section 21 notice was a formal written notice served by a landlord to end an assured shorthold tenancy (AST). What made it distinctive was that landlords did not need to provide a reason for ending the tenancy. That “no-fault” element made it an accepted, if controversial, possession tool.
Section 21 applied exclusively to assured shorthold tenancies. It did not apply to excluded tenancies (such as live-in lodger arrangements) or regulated tenancies created before 27 February 1997. Under the old rules, tenants had to be given at least two months’ notice to vacate.
The alternative was always a Section 8 notice, which requires the landlord to cite specific legal grounds for eviction, such as rent arrears or breach of tenancy terms. Landlords could serve both a Section 21 and a Section 8 simultaneously to cover all bases. From May 2026, for most private assured tenancies, landlords seeking possession must rely on one or more of the statutory grounds under Section 8.
What Has Changed in 2026? The Key Section 21 Updates
The position is now clear: from 1 May 2026, landlords cannot issue new Section 21 notices. Any Section 21 notice served on or after this date is legally invalid and cannot be relied upon in court.
In practice, this means that landlords who wish to recover possession of their property must now serve a Section 8 notice and demonstrate a valid legal ground for doing so. The shift also moves the default tenancy type from assured shorthold tenancies to assured tenancies, which offer tenants considerably greater long-term security.
Landlords who served a valid Section 21 notice before 1 May 2026 may still act on it, but only within strict deadlines. Any claim must generally be issued by the earlier of 31 July 2026 or the expiry of the normal statutory time limit applicable to the notice. Those deadlines are not flexible, and courts will not process claims based on expired or invalid notices.
For landlords seeking customised legal guidance on dealing with these changes, RLL Legal’s landlord and tenant services offer specialist advice from experienced solicitors.
Critical Dates and Deadlines Every Landlord Must Know
Getting the dates right is not optional. Missing a deadline means starting the process again from scratch under Section 8. Here is what landlords need to know:
- Before 1 May 2026: The only window during which a valid Section 21 notice could be served.
- 1 May 2026: The cut-off date for issuing new Section 21 notices. Any notice served on or after this date is invalid.
- 31 July 2026: The latest date by which a landlord must apply to court to begin possession proceedings based on a pre-existing Section 21 notice. The application must also be made within six months of the notice being served.
A possession claim based on an invalid or expired notice is liable to fail, potentially causing substantial delay and additional cost. Procedure accuracy is not just good practice; it is essential.
How to Evict a Tenant Under the New Rules: The Section 8 Process
With Section 21 abolished for new notices, Section 8 is now the primary route for landlords seeking possession. Unlike Section 21, Section 8 is a grounds-based possession process that requires the landlord to specify and establish one or more statutory grounds for possession. Some grounds relate to tenant conduct, while others allow possession in circumstances such as a proposed sale or occupation by the landlord or a close family member.
The process works as follows:
- Serve a valid Section 8 notice stating the grounds for possession (for example, serious rent arrears, persistent late payment, breach of tenancy obligations, antisocial behaviour, property damage, or where the landlord intends to sell or occupy the property). The notice must use the correct prescribed form.
- Wait for the notice period to expire. The length of notice required varies depending on which grounds are cited.
- Issue possession proceedings using the appropriate court procedure if the tenant does not vacate by the stated date.
- Apply for a warrant of possession if the tenant does not comply with the court order, allowing bailiffs to carry out the eviction.
The eviction route also depends on the type of tenancy in place. Assured periodic tenancies follow the Section 8 route outlined above. Excluded tenancies, including those involving a live-in landlord,require only reasonable notice, typically corresponding to the rental payment period, with no court process needed. Regulated tenancies (created before 27 February 1997) carry additional protections and follow entirely different rules.
For landlords with existing valid Section 21 notices served before 1 May 2026, the accelerated possession procedure may still be available. This does not always require a court hearing, making it a faster route when applicable.
Tenant Rights and Protections Against Illegal Eviction
For most assured tenants, a tenant cannot be legally removed from a property without a court-issued possession order and a warrant of possession. Any attempt by a landlord to force a tenant out without following this process constitutes illegal eviction, which is a criminal offence that can result in a prison sentence.
Examples of illegal eviction tactics include changing the locks, cutting off utilities, physical harassment, or restricting access to parts of the property. Tenants facing an actual or threatened illegal eviction should urgently contact their local council’s housing or tenancy-relations team and obtain specialist legal advice. The police should be contacted where there is immediate danger, violence, threats or a breach of the peace.
For Section 21 notices served before 1 May 2026, tenants may challenge a notice they believe is invalid. A Section 21 notice may be invalid if:
- It was served on or after 1 May 2026
- Less than two months’ notice was given.
- The tenant’s deposit was not protected, or the prescribed information was not provided
- The incorrect form was used (the required form is Form 6A)
- The property was unlicensed when it should have been licensed.
- The notice was served as retaliation for a complaint about the property’s condition.
Different Tenancy Types and How They Affect the Eviction Process
The eviction process is not universal. It depends on the type of tenancy agreement in place:
- Assured periodic tenancies: A Section 8 notice is required, followed by court proceedings if the tenant does not leave voluntarily.
- Excluded tenancies and licences (for example, where the landlord lives in the same property): No court process is required. The landlord needs only to give reasonable notice, usually equal to the rental period.
- Regulated tenancies (created before 27 February 1997): Tenants have significantly greater statutory protection. Different rules apply. Shelter’s guidance on regulated tenancies is a useful starting point.
Anyone who is uncertain about which category their tenancy falls into should seek professional legal advice before taking any action.
Resources for Landlords and Tenants
For landlords: The consequences of getting this wrong go beyond a failed possession claim. Missteps can result in criminal liability, damage to reputation, and high financial cost. Before serving any notice or beginning possession proceedings, seek specialist legal advice. RLL Legal provides expert landlord and tenant services from solicitors based in Stratford-upon-Avon, with experience across residential and commercial property matters. You can read verified client reviews and contact the team via their ReviewSolicitors profile.
Frequently Asked Questions
Are Section 21 notices still valid in 2026?
A Section 21 notice is only valid if it was served before 1 May 2026. Any notice served on or after that date is invalid and cannot be used to obtain a possession order. Landlords must now use a Section 8 notice for new eviction proceedings.
How do I evict a tenant in England after May 2026?
You must serve a Section 8 notice citing specific legal grounds for eviction, such as rent arrears or breach of tenancy terms. If the tenant does not leave, you can apply to the court for a Standard Possession Order and, if necessary, a Warrant for Possession.
What happens if a Section 21 notice is invalid?
An invalid Section 21 notice cannot be enforced by a court. The landlord may need to consider whether a valid statutory ground for possession is available under Section 8 and, if so, serve the appropriate notice before commencing fresh proceedings. The court papers will explain the applicable response procedure and any defence form that should be completed.
What is the deadline for acting on an existing Section 21 notice?
Landlords must generally apply to court by the earlier of 31 July 2026 or the expiry of the normal statutory time limit applicable to the notice. Missing either deadline means the notice expires and cannot be acted upon.
Can a tenant be evicted without a court order?
For most assured tenants, no. Removing a tenant without a court-issued possession order and a warrant of possession is illegal eviction, which is a criminal offence. Tenants who face illegal eviction attempts should contact the police immediately.
Where can tenants get free legal advice about eviction?
Tenants can contact Shelter, Citizens Advice, or their local council housing team. A duty solicitor is also available at no cost at possession hearings, regardless of the tenant’s income. Legal aid may also be available for those who qualify.
Do Not Get Caught Out: Take Action and Get the Right Advice
The key takeaways are these. Section 21 notices served on or after 1 May 2026 are invalid. Landlords must use Section 8 for any new eviction proceedings and must cite specific legal grounds. For existing valid Section 21 notices, court applications must be submitted by 31 July 2026. And illegal eviction is a serious criminal offence.
The law has changed significantly. Acting on outdated assumptions or incomplete information carries real risk, whether you are a landlord trying to recover your property or a tenant trying to understand whether a notice is enforceable.
The safest and most effective step you can take is to speak to a qualified landlord and tenant solicitor. RLL Legal is on hand to help landlords and tenants manage the new rules with confidence. Visit their ReviewSolicitors profile to read verified reviews and get in touch with the team today.
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Section 21 Evictions: What the 2026 Changes Mean
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Section 21 notices are abolished for new cases from 1 May 2026. Learn what the Section 21 changes mean for landlords and tenants, and get expert legal advice.