Section 21 Is No Longer Available in England's PRS
Section 21 no-fault eviction is no longer available for England's private rented sector. The Renters' Rights Act changes that took effect on 1 May 2026 moved most private rented homes onto assured periodic tenancies and removed the old no-reason route for ending an assured shorthold tenancy.
That means landlords cannot serve a new Section 21 notice for a private rented property in England. If a landlord wants possession, they need to use the section 8 process, identify the correct ground for possession, give the correct notice, and be ready to prove the ground if the tenant does not leave.
The practical change is simple but important: possession is now evidence-led. A landlord needs a legal reason, a valid notice and a court order if the tenant remains in the property.
What Replaced Section 21
Section 21 has been replaced in practice by a reformed section 8 possession system. Section 8 is not one single reason for eviction. It is a framework of statutory possession grounds, some mandatory and some discretionary.
A mandatory ground means the court must make a possession order if the ground is proved and all legal requirements are met. A discretionary ground means the court decides whether it is reasonable to make the order.
Landlords should not rely on memory, old tenancy templates or pre-2026 notice periods. GOV.UK now directs private landlords to use Form 3A for possession notices and to follow the notice period and wording attached to the specific ground being used.
Common Possession Scenarios
The reformed section 8 framework covers common situations that landlords previously often handled through Section 21.
| Situation | Post-Section 21 route | What landlords need |
|---|---|---|
| Landlord needs to sell | Section 8 possession ground | Evidence of genuine intention to sell and compliance with the ground rules |
| Landlord or close family needs to move in | Section 8 possession ground | Evidence of intended occupation and compliance with the ground rules |
| Serious rent arrears | Rent arrears possession ground | Rent ledger and evidence of payments due and received |
| Antisocial behaviour | Antisocial behaviour ground | Witness statements, incident records or other evidence |
| Breach of tenancy | Relevant breach ground | Tenancy terms, records and evidence of breach |
For selling or moving in, GOV.UK says grounds 1 and 1A cannot be used until 12 months after the tenancy started. A notice can be served earlier, but the date in the notice must be after the tenant has been in the property for 12 months.
Deposit and Compliance Checks Matter More
Deposit compliance now matters even more because a court will only make a possession order on most grounds where the landlord has dealt properly with any tenancy deposit.
In practice, landlords should be able to show that the deposit was protected in a government-approved scheme, the scheme requirements were followed, and the prescribed information was given to the tenant. If the deposit was not handled correctly, the landlord may need to return it or resolve the issue before possession can proceed.
GOV.UK says the deposit restriction does not apply to the antisocial behaviour grounds 7A and 14, but landlords should still keep clean deposit evidence across the portfolio.
Transitional Section 21 Notices
The key rule for ordinary new action is that landlords cannot serve a new Section 21 notice after the 1 May 2026 change for England's private rented sector.
Where a Section 21 notice was served before 1 May 2026, landlords and tenants should check the transitional rules and the current assured tenancy forms guidance carefully. The correct form and process can depend on when the notice was served and what stage the case had reached.
Do not assume an old template, a saved agent document or a pre-2026 advice note is still safe to use.
What Landlords Should Do Now
Landlords and letting agents should update possession workflows around the new evidence-first model.
- Remove Section 21 templates from private rented sector workflows.
- Use Form 3A and the current GOV.UK possession guidance for section 8 notices.
- Record the ground being used and the evidence that supports it.
- Keep rent ledgers, maintenance records, inspection notes and communication history.
- Check deposit protection and prescribed information before starting possession action.
- Avoid informal pressure or threats to leave, which can create illegal eviction risk.
What Tenants Should Know
Tenants can no longer be asked to leave an ordinary private rented home in England through a new Section 21 no-fault notice. If a landlord wants possession, the notice should identify a legal ground.
A tenant who receives a notice should check the form, the ground, the notice period and whether the landlord has followed the correct process. If the tenant does not leave by the date in the notice, the landlord still needs to apply to court for a possession order.
Bottom Line
Section 21 is no longer the default exit route for private landlords in England. The new system is not a ban on landlords ever recovering possession, but it does require a valid statutory ground, the correct notice and evidence.
The safest operating rule is: no Section 21, no shortcuts, and no possession process without a clear evidence pack.