Section 21 Has Been Abolished — What to Use Instead (England, 2026)

Section 21 'no-fault' eviction was abolished in England on 1 May 2026 under the Renters' Rights Act 2025. Here's what landlords use now, and how transitional notices still work.

Summary

Section 21 notices can no longer be served. The Renters' Rights Act 2025 abolished them on 1 May 2026. All ASTs are now assured periodic tenancies and possession is only available via Section 8 grounds.

Quick answer

No. You cannot serve a new Section 21 notice in England on or after 1 May 2026. Use a Section 8 ground on the prescribed Form 3A instead. Notices served before 1 May 2026 had to reach court by the notice's expiry or 31 July 2026, whichever came first, and that window has now closed.

Introduction

If you searched for 'how to serve a Section 21 notice', here's the honest answer: you can't, not anymore. The Renters' Rights Act 2025 commenced on 1 May 2026 (SI 2026/421). From that date, no new Section 21 notice can be served in England. Every existing assured shorthold tenancy automatically converted to an assured periodic tenancy. This guide explains what you use instead and what happened to Section 21 notices served before that date, now that the transitional court deadline of 31 July 2026 has passed.

Steps

1. Stop — no new Section 21 notices can be served — From 1 May 2026, Section 21 of the Housing Act 1988 no longer applies to private residential tenancies in England. Any new notice purporting to be Section 21 is invalid. If you served one before 1 May 2026, you had until the notice's expiry or 31 July 2026 — whichever came first — to start court proceedings, and that window has now closed. See Step 5.

2. Confirm your tenancy is now an assured periodic tenancy — On 1 May 2026, all assured shorthold tenancies (and fixed-term ASTs still in their fixed term) converted to assured periodic tenancies. There are no more fixed terms. The tenant can give 2 months' notice to leave at any time; you can only end the tenancy using a Section 8 ground.

3. Identify the right Section 8 ground for your situation — Common landlord-side grounds: Ground 1 (you or a close family member want to move in — 4 months' notice, can't be used in the first 12 months), Ground 1A (selling the property — 4 months' notice, 12-month bar), Ground 6B (compliance with enforcement action), Ground 8/10/11 (rent arrears). New grounds also cover student HMOs (Ground 4A) and serious anti-social behaviour.

4. Serve the prescribed Form 3A (Section 8) notice — Use the current prescribed Form 3A from GOV.UK. Include every ground you want to rely on, the date the notice is served, and the earliest possession date allowed for the ground used. Get the notice wrong and the court will dismiss the claim — there is no 'fall-back to Section 21' anymore.

5. If you served Section 21 before 1 May 2026, the court deadline has now passed — Section 21 notices served before 1 May 2026 could only be taken to court if accelerated possession proceedings (Form N5B) were issued before the notice's expiry or by 31 July 2026, whichever came first. That deadline has now passed, so a pre-May notice can no longer be used to start a claim and you must begin again with Section 8. A limited exception applies where the tenant is in a Debt Respite Scheme (breathing space) moratorium. Take solicitor advice on any claim already issued.

6. Update your tenancy paperwork and templates — Stop offering or issuing new fixed-term ASTs — they no longer have legal effect under the new regime. Use an assured periodic tenancy template that reflects RRA notice periods, the CPI-anchored rent-review framework, the pet-request process and the new prescribed-information requirements.

Common pitfalls

• Believing 'just one more Section 21' is possible — it isn't, and the notice will be struck out.
• Treating an existing fixed term as still binding the tenant — it isn't; tenants can give 2 months' notice at any time.
• Trying to retro-fit Section 21 reasons into a Section 8 claim — Section 8 needs a specific statutory ground.
• Forgetting the new Ground 1 / 1A 12-month bar — you can't use 'I'm moving in' or 'I'm selling' in the first year of the tenancy.

FAQ

Can I still serve a Section 21 notice in 2026? No. Section 21 was abolished for private residential tenancies in England on 1 May 2026 by the Renters' Rights Act 2025 (commenced by SI 2026/421). Any notice purporting to be Section 21 served on or after that date is invalid. Notices served before 1 May 2026 could only be progressed to court up to the notice's expiry or 31 July 2026, whichever came first, and that window has now closed.

What replaces Section 21? Nothing 'no-fault' replaces it. To recover possession you must rely on a Section 8 ground — most commonly Ground 1 (move-in), Ground 1A (selling), Ground 6B (compliance with enforcement action) or Grounds 8/10/11 (rent arrears). Each has its own notice period and evidence requirements.

What happens to my existing fixed-term tenancy? On 1 May 2026 every assured shorthold tenancy in England — fixed-term or periodic — converted to an assured periodic tenancy. There are no more fixed terms. The tenant can leave with 2 months' notice; you can only end it via a Section 8 ground.

References: - 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 - GOV.UK — Giving notice of possession to tenants before 1 May 2026 — https://www.gov.uk/guidance/giving-notice-of-possession-to-tenants-before-1-may-2026 - SI 2026/421 — Renters' Rights Act 2025 (Commencement No. 2) — https://www.legislation.gov.uk/uksi/2026/421/made