Guide to Section 21 ‘no-fault’ eviction notices and the Renters’ Rights Act

The Renters’ Rights Act 2025 is the biggest reform to renting in England for more than thirty years. At the heart of the changes is the abolition of Section 21 ‘no-fault’ evictions, alongside a new system of assured periodic tenancies and reformed Section 8 possession grounds.

he government’s implementation roadmap outlines that Section 21 will be abolished for private landlords on 1st May 2026. This guide explains how Section 21 works until 30th April 2026, what happens on 1st May 2026, and what both landlords and tenants need to know during the transition.

What is a section 21 notice?

A Section 21 notice is a legal notice that a landlord in England can use to end an Assured Shorthold Tenancy (AST) without providing a reason. Because the landlord doesn’t need to prove any fault by the tenant, Section 21 is often called a ‘no-fault eviction’.

Under the current rules (which are in place until 30th April 2026 for the private rented sector):

A landlord can serve a Section 21 notice during a fixed-term tenancy, but the date on which they seek possession cannot be earlier than the end of that fixed term, unless the tenancy includes a break clause.

They can also serve a Section 21 notice during a statutory periodic tenancy, provided the tenant is given at least two months’ notice.

A Section 21 notice does not, in itself, end the tenancy. If the tenant doesn’t leave, the landlord must obtain a court possession order and, if necessary, a bailiff’s warrant.

If you have rent guarantee insurance, your broker or insurer will have a specific process that you must follow, and you should contact them before serving a notice.

Section 21 rules up to 30th April 2026

Landlords can continue to use Section 21 up to 30th April 2026, provided they meet the existing legal requirements and time limits.

Legal requirements for a valid Section 21 notice

A Section 21 notice may be invalid if the landlord has not complied with key obligations. This means that the landlord must:

Protect the deposit in a government-approved scheme within 30 days of receipt and give the tenant the required prescribed information (deposit protection information).

Provide a valid gas safety certificate (where gas is used in the property) before the tenant moves in and within 28 days of each annual check.

Provide an Energy Performance Certificate (EPC).

Give the correct version of the government’s ‘How to rent’ guide at the start of the tenancy (or at renewal if it has changed).

Hold any necessary licence for the property (for example, a mandatory HMO licence or local selective licence).

Additionally, most private landlords in England are required to use the prescribed Form 6A when serving a Section 21 notice. If any of these conditions are not met, a court is likely to refuse to grant possession of the property.

Give the correct notice period

A Section 21 notice must give at least two months’ notice. The tenancy does not automatically end when the notice expires – court action is still necessary if the tenant stays.

Transitional cut-off dates for Section 21

The Renters’ Rights Act includes transitional arrangements to enable landlords to complete existing Section 21 cases, but there are now clear-cut-off dates.

Last day to serve a Section 21 notice
You can serve a Section 21 notice up to and including 30th April 2026, provided the tenancy is eligible (for example, it is an AST and has already run for at least four months). In practice, this means you cannot use Section 21 for new ASTs that start on or after 1st January 2026, because the tenancy will not have been running long enough by 30th April.

Last day to start a court claim using Section 21
If you give a valid Section 21 notice before 1st May 2026, you can only use it to start court proceedings until the earlier of:

six months after the date you gave the notice, or

up to 31st July 2026.

After that, the notice will usually have expired, and you will not normally be able to start a possession claim based on it.

From 1st August 2026, you will not usually be able to start court proceedings using Section 21. Any new attempt to regain possession after that point will need to use the Section 8 process instead.

What happens on 1st May 2026?

A number of key changes in the Renters’ Rights Act come into force on 1st May 2026.

Section 21 is abolished

From 1st May 2026, Section 21 ‘no-fault’ evictions are abolished for private landlords in England. Landlords in the private rented sector will no longer be able to use Section 21 of the Housing Act 1988 for evicting tenants.

Tenancies move to assured periodic tenancies

On the same date, the tenancy structure in the private rented sector changes:

The vast majority of new and existing private tenancies will become Assured Periodic Tenancies (APTs).

Fixed-term ASTs will largely disappear for private renters; instead, tenancies will continue on a periodic (rolling) basis.

Under an APT, tenants can stay in their home for as long as they wish, unless the landlord can prove a valid possession ground and obtain a court order.

Tenants will be able to end their tenancy by giving two months’ notice.

Section 8 becomes the main route to possession

From 1st May 2026, landlords who need to end a tenancy in the private rented sector will have to use the Section 8 possession process, relying on the legal grounds set out in Schedule 2 to the Housing Act 1988 (as amended).

These include:

Intending to sell the property.

The landlord or a close family member needs to move into the property.

Serious or repeated rent arrears, with a higher threshold for mandatory eviction and a longer minimum notice period than at present.

Anti-social behaviour and other serious breaches of tenancy.

The overall effect is that landlords will still be able to regain possession, but only where the defined reasons are met and the Section 8 process is followed, including court proceedings if the tenant does not leave voluntarily. For more information, see our article What is a Section 8 notice?

What landlords should do now

With the Renters’ Rights Act timeline confirmed, landlords can prepare in stages. The key actions relate not only to 1st May 2026, but also to the later phases of the Act’s implementation.

1. Audit your tenancy documents

Before the transition, it’s a good idea to:

Check deposit protection and prescribed information

Ensure gas safety certificates and EPCs are valid

Check licences (HMO, selective, additional)

Confirm the correct ‘How to rent’ guide was issued

Check you have clear records of rent, inspections, and communications

Doing this will help you both under the existing Section 21 regime (if you need to use it) and the Section 8 system.

2. Consider whether you need to use Section 21 before the deadline

If you intend to regain possession using Section 21:

Serve any notice by 30th April 2026

If the tenant doesn’t vacate the property, issue court proceedings by 31st July 2026 (or within six months of serving the notice if earlier)

After this, Section 21 will no longer be available, and you will need to start the eviction process under Section 8.

3. Prepare for the new Section 8 system and APT tenancies

From 1st May 2026:

All new and most existing private tenancies will become assured periodic tenancies

Possession will rely entirely on the grounds outlined in Section 8

You will need solid evidence to prove grounds for eviction, such as arrears, selling or moving in.

Now is the time to:

Update tenancy templates

Implement clearer record-keeping systems

Understand the revised possession grounds

Ensure communication with tenants is well-documented

4. Phase two and phase three reforms

Beyond 1st May 2026, two further stages of reform follow:

Phase two (from late 2026)
Introduction of the Private Rented Sector Database and the mandatory Landlord Ombudsman. These will add new registration and complaint-handling responsibilities for landlords.

Phase three (2030s)
Extension of the Decent Homes Standard to the private rented sector. This will require rental properties to meet minimum quality standards.

Landlords should, therefore, plan ahead for increased regulatory oversight, reporting, and property-condition requirements.

5. Review your risk protection

With Section 21 removed, possession routes in arrears cases will depend on Section 8 and the courts. Many landlords are considering:

Rent guarantee insurance, to maintain income during arrears and cover legal costs

Landlord legal expenses insurance, to help with possession claims and disputes

These protections can help you manage the increased risks under the new system.

Need help with your insurance?

If you’d like help understanding how these changes affect your properties, or would like to explore rent guarantee insurance and legal expenses insurance to better protect yourself under the new system, speak to our team over the phone or send us an email

Speak to us: 01603 216399

FAQs

Section 21 is being phased out, and from 1st May 2026, private landlords will need to use the updated Section 8 system to regain possession. While this is a significant shift, understanding the deadlines and preparing well in advance will help landlords adjust smoothly to the new requirements.

Looking ahead, the implementation of further reforms – including the PRS Database, Landlord Ombudsman, and the future Decent Homes Standard – means that ongoing compliance will become increasingly important.