The End of Section 21. What Happens Now.

From 1 May 2026, no-fault evictions are gone. Here's what you need to know.

Section 21 is being abolished. From 1 May 2026, you can no longer serve a 'no-fault' notice to regain your property. Every possession claim must now be made under Section 8, with a specific, evidenced legal reason.

In fact, landlords now have stronger, legally valid grounds to get their property back when it matters – whether that's to move in, sell up, or deal with arrears or anti-social behaviour.

Section 8: Your Only Route to Possession

Under Section 8, you must rely on one or more specific legal grounds to seek possession. Those grounds fall into two types:

Mandatory grounds: If proven, the court must grant possession.
Discretionary grounds: The court weighs the evidence and decides whether it's reasonable to grant possession.

Remember: Serving a Section 8 notice doesn’t end the tenancy automatically. If your tenant doesn’t leave, you’ll need a court possession order – even on mandatory grounds.

The Grounds at a Glance

The Renters' Rights Act has added new grounds and raised the bar on existing ones. Here's a quick reference:

Ground	Type	Notice	When it applies
Ground 1 – Move in	Mandatory	4 months	Landlord or close family intends to occupy. Not available in first 12 months.
Ground 1A – Sale NEW	Mandatory	4 months	Landlord intends to sell. Needs proof of instruction. Not available in first 12 months.
Ground 4A – Students NEW	Mandatory	4 months	Full-time student HMOs. Aligns possession with the academic year.
Ground 6B – Enforcement NEW	Mandatory	2 months	Enforcement action against landlord if serious offence committed (e.g. failure to licence a property) – requires tenancy to end.
Ground 7A – ASB	Mandatory	Immediate–4 wks	Serious anti-social behaviour or criminal conduct.
Ground 7B – No right to rent NEW	Mandatory	2 weeks	Tenant has no legal right to rent in England.
Ground 8 – Arrears	Mandatory	4 weeks	3 months' rent owed at notice AND hearing. Threshold raised from 2 months.
Ground 10 – Any arrears	Discretionary	2 weeks	Any rent owed. Courts consider proportionality.
Ground 11 – Late payment	Discretionary	2 weeks	Persistent lateness, even if amounts are eventually paid.
Ground 12 – Breach	Discretionary	2 weeks	Tenancy agreement breach – pets, subletting, damage etc.
Ground 14 – Nuisance	Discretionary	Immediate	Anti-social behaviour below criminal threshold.

What You Should Do Now

The landlords who will find this easiest are the ones who are already compliant and well-organised. If that's not quite you yet, here's where to start:

Get compliant first. Gas certs, EICRs, deposit protection, and correct licensing must all be in order before you can serve any possession notice.
Update your tenancy agreements. Remove Section 21 references. Make sure your agreements reflect the Section 8 grounds.
Start keeping better records. Rent ledgers, communications, inspection reports –courts expect documented evidence, not just assertions.
Plan for longer timelines. Sale and move-in grounds require 4 months' notice and can't be used in the first 12 months. Factor this into any property decisions.

Need help navigating these changes?

Our lettings teams are fully trained on the Renters’ Rights Act, so if you have any concerns or questions then please do not hesitate to reach out to your local branch team. You can get tailored advice and ensure you stay compliant and protected.

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