Section 21 Eviction Notice Abolished – Landlord Guide 2026

On 1 May 2026, Section 21 of the Housing Act 1988 – and with it the prescribed Form 6A – was abolished in England for assured shorthold tenancies in the private rented sector under the Renters’ Rights Act 2025. From that date, private landlords can no longer create new “no‑fault” possession claims by serving Section 21 notices, and any notice purportedly served under Section 21 on or after 1 May 2026 will be invalid.

However, the Act and its transitional provisions preserve a short window in which landlords may still rely on valid Section 21 notices served before abolition, provided strict deadlines are met. At the same time, landlords now need to prepare for a regime where Section 8 is the primary route to possession, and where compliance failures can attract civil penalties of up to £7,000.

Key dates and the transition from Section 21

Under the current transitional provisions to the Renters’ Rights Act 2025, three dates are particularly important for private landlords in England:

Date	Legal position and effect
Up to and including 30 April 2026	Last day on which a landlord can validly serve a Section 21 notice in the prescribed Form 6A for an assured shorthold tenancy in England, assuming all existing statutory pre‑conditions are met.
From 1 May 2026	Section 21 is abolished for private ASTs in England. No new Section 21 notices can lawfully be served from this date and any such notice is invalid.
Up to and including 31 July 2026	Under the Act’s transitional rules, landlords who served a valid Section 21 notice on or before 30 April 2026 must issue possession proceedings no later than 31 July 2026 and in any event within six months of the date on which the notice expired.

In practice, this means Section 21 remains relevant only where a compliant notice was served before 1 May 2026 and possession proceedings are issued within both the normal six‑month limit and the absolute back‑stop of 31 July 2026. After that point, landlords will no longer be able to start new claims based on Section 21, even if the notice itself was served in time.

Because these dates derive from specific transitional provisions, landlords should keep an eye on any updated regulations or guidance, but the broad direction of travel – abolition on 1 May 2026 with a short enforcement window for pre‑existing notices – is firmly established.

What still counts as a valid pre‑abolition Form 6A notice?

The transitional regime only assists landlords whose Section 21 notice was valid when it was served. Nothing in the Renters’ Rights Act 2025 “cures” an invalid notice; if the notice was defective under the pre‑existing law, the abolition regime does not rescue it.

In broad terms, a Section 21 notice served before 1 May 2026 will only be capable of supporting a possession claim if all of the following conditions were met at the time:

Landlords must have:

• used the prescribed Form 6A in the version then in force, properly completed with accurate details of the property, landlord and tenant;

• given the tenant at least two months’ written notice and, for most fixed‑term ASTs, ensured the notice did not expire before the end of the fixed term;

• protected any tenancy deposit taken in relation to the tenancy in an authorised scheme and served the required prescribed information within the statutory time limits;

• provided up‑to‑date statutory documents, including the current “How to Rent” guide, a valid gas safety certificate, an electrical installation condition report (EICR) and an energy performance certificate (EPC), where applicable;

• complied with any relevant licensing regime (for example, mandatory HMO licensing or any local selective licensing schemes);

• avoided any statutory bar on using or enforcing a Section 21 notice, such as restrictions linked to certain types of retaliatory eviction following local authority enforcement action.

Landlords also need to be able to prove that the notice was correctly served in accordance with both the tenancy agreement and general principles on service. Using a certificate of service (Form N215) or other clear evidence of posting, hand‑delivery or email remains sensible, as disputes about whether the tenant received the notice can derail possession proceedings.

Because landlords can no longer re‑serve a fresh Section 21 notice after 30 April 2026, a detailed validity audit of any pre‑abolition notice is essential before issuing proceedings. If the notice is defective, the landlord will effectively have to write off the Section 21 route and reconsider their options under Section 8 or via negotiation.

Using a valid Section 21 notice in the transitional period

Where a landlord did serve a valid Form 6A notice on or before 30 April 2026 and still wishes to seek possession on a no‑fault basis, the transitional rules allow proceedings to be issued, but only:

• within the usual six‑month period counted from the date the notice expired; and

• in any event, by no later than 31 July 2026, which acts as a hard back‑stop under the Renters’ Rights Act 2025 transitional provisions.

Within that window, landlords can still:

• start accelerated possession proceedings where the statutory criteria are satisfied (for example, where the tenancy is an AST, the correct notice has been served and there are no substantial disputes of fact);
• issue a standard possession claim, particularly where they also wish to rely on rent arrears or other breaches;
• use the existence of a valid notice to underpin negotiations for an agreed surrender or a structured exit with the tenant.

The main risks for landlords in this period are delay and flawed claims. If proceedings are not issued in time, the Section 21 route falls away and cannot be revived. If the underlying notice is invalid or if the claim is poorly prepared – for example, missing key compliance evidence – the court may dismiss the claim, leading to wasted costs and a loss of the final opportunity to use Section 21.

Landlords should therefore review their files now, assemble evidence (including tenancy agreements, deposit documents and safety certificates) and obtain legal advice on the merits of issuing a claim versus seeking a negotiated resolution.

Life after Section 21: Section 8 as the main route for landlords

Once the transitional period closes, private landlords in England will need to rely on Section 8 of the Housing Act 1988.  Section 8 has always been “fault‑based” in the sense that it requires a landlord to prove a statutory ground – such as rent arrears, serious anti‑social behaviour, mortgage repossession or landlord occupation – but the Renters’ Rights Act 2025 reforms are designed to make it the primary route for the kinds of cases that previously relied on Section 21.

In particular, the Act and associated regulations are introducing:

• updated grounds to allow landlords to recover possession if they genuinely wish to sell the property or move back in themselves;

• refined rent arrears provisions that place greater emphasis on persistent or serious arrears, rather than transient shortfalls;

• procedural changes intended to make the Section 8 process more structured and predictable, including new requirements on landlords to provide specified information when serving a Section 8 notice and when issuing proceedings.

For landlords, the practical implication is that courts will expect a clear evidential basis for possession claims, not just the expiry of a tenancy. Maintaining robust rent schedules, records of complaints and anti‑social behaviour, inspection notes, correspondence and compliance documentation is therefore essential to support any future Section 8 claim.

You should always read the latest government guidance on giving notice of possession.

Practical steps for landlords

In light of the abolition of Section 21 and the new regulatory environment, private landlords should prioritise the following steps:

• review all Section 21 notices served before 1 May 2026 to confirm whether they are valid under the pre‑existing law and whether there is a commercial and legal case for issuing proceedings before the applicable deadlines;

• decide promptly, on a case‑by‑case basis, whether to issue accelerated or standard possession proceedings, whether to negotiate a surrender, or whether to abandon the Section 21 route and focus on Section 8 or other solutions;

• update tenancy documentation and internal processes to reflect a post‑Section 21 landscape, including aligning tenancy agreements with the enhanced role of periodic tenancies and the re‑configured Section 8 grounds;

• implement robust systems for evidence‑gathering, including rent tracking, complaint handling and inspection records, so that future Section 8 claims are properly supported;

• carry out a wider compliance audit to mitigate the risk of civil penalties under the Renters’ Rights Act 2025 and related housing legislation.

Portfolio landlords and institutional investors should also consider how the loss of a no‑fault route affects their broader asset management and disposal strategies. In some cases, it may be preferable to re‑balance portfolios or to invest more in tenant selection and management processes, recognising that regaining possession will typically require a grounds‑based case.

How we can assist landlords

Our specialist landlord and tenant team advises private landlords, agents and investors on all aspects of the transition away from Section 21, including:

• auditing pre‑abolition Section 21/Form 6A notices and advising on whether and how to use them within the transitional time limits;

• preparing and issuing accelerated and standard possession proceedings based on valid pre‑abolition notices;

• advising on and running Section 8 claims under the updated Renters’ Rights Act 2025 regime, including evidential strategy and hearing preparation;

• reviewing and updating tenancy agreements, processes and policies to reflect the abolition of Section 21 and the wider compliance landscape;

• negotiating surrenders and settlements to resolve disputes efficiently and to minimise the cost and uncertainty of contested litigation.

See our page for eviction notice guidance here or view our full residential landlord services here.

If you are a landlord or letting agent and are unsure whether to rely on an existing Section 21 notice before 31 July 2026 or how best to adapt your letting strategy to the new environment, taking early, tailored advice is strongly recommended. We can review your portfolio, your documentation and your objectives and set out clear, practical options for protecting your position under the Renters’ Rights Act 2025 and beyond.

See how we helped a residential landlord secure possession and recover significant rent arrears.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.