Section 21 Is Gone — What Landlords Do Now

Section 21 is gone. The Renters’ Rights Act 2025 abolished no-fault evictions on 1 May 2026 — and if you served a Section 21 notice before that date, it stays alive only if your possession proceedings reach court by 31 July 2026. That’s weeks away. Here’s exactly where landlords stand now, and how possession actually works under the new rules.

I’ve spent more than 30 years getting landlords lawful possession of their property. The rules have just changed more than they have in a generation, so I’m going to be direct about what matters and what you need to do this week.

If you served a Section 21 notice before 1 May 2026 — read this first

This is the one situation where the clock is loud.

Under the transitional rules, a Section 21 notice served before 1 May 2026 remains valid — but only if you issue possession proceedings at court by 31 July 2026. Miss that cut-off and the notice is dead. You don’t get an extension; you start again from scratch under Section 8, the new grounds-based route.

Your 31 July checklist:

• Confirm the exact date your Section 21 notice was served (it must be before 1 May 2026).
• Confirm the notice was valid when served — deposit protected, prescribed information given, gas safety certificate, EPC and How-to-Rent guide all provided, correct form and dates. The old invalidity traps still bite, and there is no time left to re-serve.
• Check the notice has not expired beyond the period in which proceedings can be brought.
• Get your possession claim drafted and issued at court before 31 July 2026 — not “started,” issued.
• If the tenant doesn’t leave after a possession order, line up enforcement now rather than later.

If any of that is uncertain, get advice today. Shergroup issues and enforces — fast. From the possession claim through to a writ of possession and High Court enforcement where it’s available, we run it as one team, start to door. 

What made a transitional Section 21 notice valid (reference only)

This section applies only to notices served before 1 May 2026. You cannot serve a new Section 21 notice now. But if you’re relying on a transitional notice before the 31 July deadline, it is still worth checking it against the old validity rules, because a defective notice will be thrown out and there is no time to re-serve.

A pre-1-May Section 21 notice is at risk of being invalid if any of the following were not met when it was served:

• The deposit was protected in a government-authorised scheme, and the prescribed information was given to the tenant within 30 days of payment.
• The tenant was given the gas safety certificate, the Energy Performance Certificate (EPC) and the Government’s How to Rent
• The correct form was used (Form 6A for tenancies that began or were renewed after 30 September 2015) with the correct dates and at least two months’ notice.
• No relevant Improvement Notice or Notice of Emergency Remedial Action had been served by the local authority in the previous six months, and the tenant had not recently made a legitimate complaint about the condition of the property (“retaliatory eviction” rules).
• The correct service method was used and you can prove the notice was received — personal delivery, process server, recorded or first-class post, or email all carry different deemed service dates, and proof of service is what counts if the claim is contested.

If your transitional notice clears all of that and you can issue at court before 31 July, you’re in the one lane where Section 21 still works. If it doesn’t, you start again under Section 8 — and the sooner you build that case, the better.

The new reality: how possession works after abolition

On 1 May 2026 assured shorthold tenancies ended. Every affected tenancy automatically became a periodic assured tenancy — rolling, with no fixed term to fall back on. There is no longer any route to evict simply because a fixed term has ended. Every possession now needs a reason.

That reason has to come from Section 8, and the Act more than doubled the available grounds.

Section 8 grounds — the short version:

• Mandatory grounds — if you prove the ground, the court must grant possession. These cover situations such as the landlord selling the property, the landlord or a close family member moving in, and serious rent arrears.
• Discretionary grounds — even if you prove the ground, the court decides whether possession is reasonable. These include things like persistent late payment and certain anti-social behaviour.

Every route now requires three things: a valid reason, evidence to support it, and — if the tenant doesn’t leave voluntarily — a court order. There is no paperwork shortcut left.

Court backlogs make preparation decisive

Here’s the part landlords feel in their cash flow: the courts are busy, and a grounds-based system means more cases land in front of a judge. The cases that move fastest are the well-documented ones — clean rent ledgers, properly served notices, clear incident records. The cases that stall are the ones with gaps in the paperwork.

Speed now depends on preparation, not on the notice you serve. That’s the single biggest mindset shift for landlords this year. (For how timescales work under the new system, see our guide to eviction notice periods in the UK, and for what happens once you’re awarded possession, our possession orders resources.)

Landlord hygiene: the file that wins your case

Under a grounds-based system, your evidence file is your possession case. Keep it current, not reconstructed at the last minute.

• Keep tenancy compliance and incident records up to date — tenancy documents served, complaint and ASB logs, repair history, communications.
• Protect the deposit and give the prescribed information. Without it, you cannot get a possession order — the only exceptions are the serious anti-social behaviour and criminal grounds.
• Maintain a clean rent ledger. For arrears-based grounds, the ledger is the evidence.

Get these right and your case is ready the day you need it. Get them wrong and even a strong ground can fail.

Quick-hits: what else changed on 1 May 2026

A few related rules caught a lot of landlords off guard:

• Rent increases are Section 13-only. On a periodic assured tenancy you can raise the rent once a year, with two months’ notice, and the tenant can challenge it at the First-tier Tribunal. Contractual rent-review clauses are now unenforceable.
• No pre-tenancy rent payments. Asking for rent in advance before the tenancy begins risks a penalty of up to £5,000.
• Bidding-war ban. You must advertise a fixed rent and cannot invite or accept offers above it.

Frequently asked questions

When will Section 21 be scrapped?

It already has been. Section 21 ‘no-fault’ evictions were abolished on 1 May 2026 under the Renters’ Rights Act 2025, which received Royal Assent on 27 October 2025. Assured shorthold tenancies ended the same day — all affected tenancies became periodic assured tenancies.

Is a Section 21 notice still valid?

Only in one situation: notices served before 1 May 2026 remain valid under transitional rules, but possession proceedings must be issued by 31 July 2026. Miss that cut-off and the notice is dead — you start again under Section 8.

What replaces Section 21?

An expanded Section 8. The Act more than doubled the grounds for possession (selling, moving in, rent arrears, anti-social behaviour and more). Grounds are mandatory or discretionary, and every route now requires a reason, evidence and — if the tenant doesn’t leave — a court order.

What makes a Section 21 notice invalid?

For transitional notices: deposit not protected, prescribed information missing, no gas/EPC/How-to-Rent documents, wrong form or dates — the old traps still bite, and with the 31 July deadline there’s no time to re-serve. Check before you issue.

Can I still evict a tenant quickly after abolition?

Honestly, speed now depends on preparation. Court backlogs are real; well-documented arrears or ASB cases with clean paperwork move fastest. Keep records current, protect the deposit, and take advice before serving anything.

Can Shergroup still enforce possession for me?

Yes. Possession orders are still made and still enforced — including transfer-up to High Court enforcement where it’s available. From notice strategy to writ of possession, that’s our lane: one team from start to door.

Do the new rules change rent increases too?

Yes. From 1 May 2026, rent rises on periodic assured tenancies go through the statutory Section 13 route: once a year, two months’ notice, and a tenant right of challenge at the First-tier Tribunal. Contractual review clauses are unenforceable.

What records should landlords keep now?

Everything: tenancy documents served, deposit protection confirmations, rent ledgers, complaint and incident logs, repair history. Under a grounds-based system your evidence file is your possession case.

Where landlords should go from here

The no-fault era is over, but lawful possession isn’t — it’s just earned through grounds, evidence and proper enforcement now. If you have a pre-1-May notice, the 31 July deadline is the thing to act on this week. If you’re starting fresh, build the file before you build the claim.

Either way, that’s our lane. Shergroup runs possession from notice strategy to the writ of possession — one team, start to door.

You can reach us |
By Phone | 020 3588 4240
Website | www.shergroup.com and you can chat to us from here
Email | [email protected]
Facebook | Check out Shergroup on this channel and message us
Twitter | Check out ShergroupChat on this channel and message us
LINKEDIN | Check out Shergroup’s LINKEDIN feed – and please FOLLOW us!
Instagram | Check out ShergroupChatter and follow us!