Section 8 vs Section 21: Which Applies in England Now?

Section 21 was abolished in England on 1 May 2026 by the Renters' Rights Act 2025. Compare Section 8 and Section 21 side by side and see what landlords use instead.

### Quick answer In England you can no longer serve a new Section 21 notice. The Renters' Rights Act 2025 abolished it on 1 May 2026, and possession is now available only on a Section 8 ground. Section 21 notices validly served before that date continue under transitional rules.

### Introduction For years English landlords chose between two routes: Section 21 (no reason needed) and Section 8 (a stated ground). The Renters' Rights Act 2025 removed that choice. This page sets out what each route was, what changed on 1 May 2026, and what you use now.

### Section 8 vs Section 21 - Available for new notices in England — Section 8: Yes — this is now the only route. Section 21: No. Abolished on 1 May 2026 under the Renters' Rights Act 2025. - Reason required — Section 8: Yes. You must state and evidence a statutory ground for possession. Section 21: No reason was required — this is why it was known as 'no-fault' eviction. - Tenancy type it applies to — Section 8: Assured tenancies, including the assured periodic tenancies all English lets became on 1 May 2026. Section 21: Applied to assured shorthold tenancies, which no longer exist for private lets in England. - Evidence you need — Section 8: Evidence supporting the specific ground — for example a rent ledger for arrears grounds, or correspondence and dated records for breach grounds. Section 21: Compliance evidence only (deposit protection, gas safety, EPC, How to Rent), not a reason. - Notices already served — Section 8: Continue as normal. Section 21: A Section 21 notice validly served before 1 May 2026 remains subject to the transitional rules and the usual court time limit. - Where the tenancy is outside England — Section 8: Different regimes apply in Wales, Scotland and Northern Ireland. Section 21: Different regimes apply in Wales, Scotland and Northern Ireland.

### What to do instead of Section 21 Identify which Section 8 ground genuinely fits your situation, gather the evidence for that ground before serving anything, and use the current prescribed form. A notice served on the wrong ground, or without the supporting records, is the most common reason a possession claim fails.

### Keep your compliance file current either way Deposit protection, gas safety, EICR, EPC and the current How to Rent guide still matter. They are part of your evidence that you met your obligations, and gaps in them are routinely raised in defence.

### FAQ Can I still serve a Section 21 notice in England? No. New Section 21 notices cannot be served in England on or after 1 May 2026. The Renters' Rights Act 2025 abolished the procedure.

What happens to a Section 21 notice I served before 1 May 2026? It is not automatically void. Transitional arrangements allow validly served notices to be progressed, subject to the usual time limit for starting court proceedings.

Does this apply in Wales or Scotland? No. LetSentry's compliance logic and this page cover England only. Wales operates under the Renting Homes (Wales) Act 2016 and Scotland under the private residential tenancy regime.

Sources: - GOV.UK — Guide to the Renters' Rights Act — https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act - legislation.gov.uk — Renters' Rights Act 2025 (Commencement No. 2) Regulations, SI 2026/421 — https://www.legislation.gov.uk/uksi/2026/421/made - GOV.UK — Evicting tenants in England — https://www.gov.uk/evicting-tenants