The End of Section 21: What Landlords Must Do Now

Quick answer

Section 21 — the notice that lets landlords end an assured shorthold tenancy without giving a reason — is abolished on the appointed day under the Renters' Rights Act. After that, every possession claim in England must rely on a Section 8 ground. The replacement grounds are wider than the current Section 8, but they all require evidence and most carry longer notice periods. Landlords with a problem tenancy should consider serving valid notice now, while the no-fault route still exists.

What has changed?

Section 21 of the Housing Act 1988 has been the workhorse of private-rented possession for 35 years. It allowed a landlord to recover possession after the fixed term without proving fault, provided the deposit was protected, the prescribed information had been served, and the gas safety, EPC and How to Rent documents had been given at the right time.

The Renters' Rights Act removes Section 21 entirely. In its place, the Act amends Schedule 2 of the Housing Act 1988 to provide a wider menu of Section 8 grounds.

The new and revised Section 8 grounds

• Ground 1A — landlord wants to sell. Mandatory. Available after the first 12 months. Four months' notice. Twelve-month re-letting bar.
• Ground 1 — landlord or close family moves in. Mandatory. Available after the first 12 months. Four months' notice. Twelve-month re-letting bar.
• Ground 8 — serious rent arrears. Mandatory, with the arrears threshold rising to three months (or 13 weeks if rent is weekly) and a four-week notice period.
• Ground 14 — anti-social behaviour. Discretionary. No minimum tenancy length. Notice can be issued immediately for the most serious cases.
• Ground 6A — compliance with enforcement action. Mandatory. Where continuing the tenancy would breach an enforcement notice.
• Student grounds — refined for purpose-built and HMO student lets.

The transitional provisions

A Section 21 notice that has been served, has not expired, and proceedings have been issued at court before commencement, can usually continue to a hearing. A notice that has expired but no proceedings issued is at risk. A notice served days before commencement is highly vulnerable.

What landlords need to do now

1. Settle problem tenancies before commencement

If you have a tenant who is in persistent low-level breach but not yet at the Section 8 threshold, the cleanest exit is a properly served Section 21 notice now, with proceedings issued well before the appointed day. Do not leave it to the last week.

2. Build evidence files for every tenancy

After commencement, every possession claim needs evidence. Start keeping a simple file per tenancy: rent ledger, repair history, communications log, breach incidents, neighbour complaints. A spreadsheet plus a folder is enough. Smart Sleep Property's tenancy timeline does this automatically.

3. Tighten your rent collection

Ground 8 will require three full months of arrears at both notice and hearing. Late or partial payments that drop the arrears below three months at the hearing date defeat a Ground 8 claim. Move tenants to monthly standing orders (not Direct Debits the tenant can cancel without warning) and chase missed rent in writing within 48 hours.

4. Document every breach

Anti-social behaviour, damage, unauthorised occupiers, sub-letting, breach of pet conditions — all are evidentially intensive Section 8 grounds. A WhatsApp screenshot, a dated photo, a letter from a neighbour: anything contemporaneous helps the judge.

5. Review your selling and moving-in plans

The new Ground 1A is the closest replacement for no-fault. But it is locked for the first 12 months of any tenancy, requires four months' notice, and bars you from re-letting for 12 months after possession. Plan disposals around that calendar.

6. Get an accelerated court bundle template ready

While the accelerated possession procedure for Section 21 disappears, Section 8 paper-only possession remains available for Ground 8 with proper evidence. Have a template bundle in your tenancy folder so you can issue within a week of notice expiry.

Common mistakes to avoid

Serving a "last-minute" Section 21 in week one of commencement

Almost guaranteed to be struck out. Either serve early and issue early, or accept that the route is closed.

Confusing rent-arrears thresholds

The current Ground 8 sits at two months. After commencement it rises to three months. Do not assume the old threshold during the transition.

Forgetting the four-month notice for sale and move-in

A 28-day Section 8 notice for the new Ground 1A is not valid. The notice period is four months.

Re-letting after recovering on Ground 1A

If you recover possession on the basis you are selling, then re-let to a new tenant within 12 months, the original tenant can sue for damages and the council can issue a financial penalty.

Assuming the courts will speed up overnight

The government has promised digitised possession claims and faster listings. Realistic landlords are budgeting for current court timelines plus uncertainty in the first six months after commencement.

FAQ

Can I still use Section 21 after the appointed day?

No. Section 21 is repealed entirely on the appointed day. Even valid notices served the week before will be at risk unless proceedings were already at court.

What if my tenant wants to leave anyway?

They can leave by serving two months' notice from any date. You do not need a Section 8 ground for a tenant-led ending.

Will I still be able to evict for serious rent arrears?

Yes, but the threshold rises to three months and you must prove it at both notice and hearing.

What is the new ground for selling the property?

Ground 1A (mandatory). Four months' notice, after the first 12 months of the tenancy, with a 12-month re-letting bar.

Do I have to wait 12 months before I can move family in?

Yes. Ground 1 is locked for the first 12 months of the tenancy.

Can I issue a Section 8 immediately for anti-social behaviour?

Yes. Ground 14 has no minimum notice for the most serious cases.

Will Section 21 case law still be relevant?

Yes for transitional cases. For new claims, the case law that matters is around prescribed information, Section 8 procedural compliance and PRS database registration.

Does the council have to rehouse my tenant?

The council's homelessness duty is decoupled from Section 21. After commencement, eligibility is based on the wider housing circumstances, not just a no-fault notice.

Will my managing agent serve notice on my behalf?

Yes, with written authority. Brief them on the new grounds and the higher evidence bar.

What is the safest single thing I can do now?

Get every tenancy's deposit, prescribed information, gas safety, EICR and How to Rent paperwork audited and corrected. Without those, even Section 8 claims will be defended.

References

• Renters' Rights Act 2025, legislation.gov.uk
• Housing Act 1988, Schedule 2 (grounds for possession), legislation.gov.uk
• Ministry of Justice mortgage and landlord possession statistics, GOV.UK
• MHCLG technical guidance: end of Section 21, GOV.UK

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*Reviewed by the Smart Sleep Property Editorial Team. General information for landlords in England, with Norfolk context. Not legal advice.*