On 1 May 2026, one of the most significant changes to English lettings law in decades will come into force. Section 21 of the Housing Act 1988: the mechanism that has allowed landlords to evict tenants without providing a reason: will be completely abolished.
For professional letting agents, this marks the end of an era that many in the sector have long anticipated. The shift away from no-fault evictions fundamentally changes how possession proceedings work in England.
This chapter breaks down exactly what's changing, when it's changing, and what it means for the day-to-day management of your portfolio.
Section 21 has been the cornerstone of assured shorthold tenancies (ASTs) since 1988. It gave landlords the right to end a tenancy by serving a minimum of two months' written notice: without needing to justify the decision.
The tenant could be paying rent on time, maintaining the property perfectly, and causing no issues whatsoever. None of that mattered. If the landlord wanted the property back, they simply served notice.
This mechanism has been criticised for leaving thousands vulnerable to sudden homelessness each year. Tenant advocacy groups have long argued that it creates instability and prevents renters from putting down roots in communities. After years of consultation and debate, the government agreed.
The abolition doesn't happen overnight. There's a transition period built into the legislation to manage existing tenancies and notices.
1 May 2026 is the critical date. After this point, serving a Section 21 notice becomes invalid: and attempting to do so could result in significant penalties.
But what about Section 21 notices already in play before that date? The government has created a window for these to be processed.
If a Section 21 notice was served before 1 May 2026, courts can still process the possession case: but only if the court proceedings are filed no later than 31 July 2026. After that date, the Section 21 route closes entirely, and landlords must switch to Section 8 grounds.
There's an additional rule for notices served well in advance. If a Section 21 notice was served more than two months before its expiry date, landlords have the earlier of four months from the notice's expiry or three months from the commencement date of the reforms to request a court claim.
With Section 21 gone, all possession claims will now route through Section 8 of the Housing Act 1988. This isn't new legislation: Section 8 has existed alongside Section 21 for decades. The difference is that it requires landlords to cite at least one of 17 specific legal grounds for eviction.
These grounds fall into two categories: mandatory and discretionary.
Mandatory grounds mean that if the landlord proves the ground applies, the court must grant possession. There's no wiggle room.
Discretionary grounds give the court more flexibility. Even if the ground is proven, the judge can consider whether it's reasonable to grant possession based on the circumstances.
For decades, agents have used Section 21 precisely because it avoided the need to prove fault or justify the decision. Now, every possession case requires clear documentation and a valid legal reason.
The Renters' Rights Act 2026 doesn't just abolish Section 21: it also introduces new grounds and strengthens existing ones to give landlords legitimate routes to possession.
This is the big one. Ground 1A is a brand-new mandatory ground that allows landlords to evict tenants if they intend to sell the property.
This ground has been introduced specifically to address concerns that landlords would be "locked in" without Section 21. If a landlord genuinely needs to sell, they now have a clear legal route to do so.
However, it comes with strict conditions to prevent abuse. Landlords must provide four months' notice, and once they use this ground, they cannot re-let the property for 16 months from the date the notice is served. That includes the four-month notice period plus a mandatory 12-month restriction period.
During that time, the property cannot be marketed for let, rented out, or even used as a holiday let. Breaching this restriction can result in penalties of up to £7,000.
Ground 8 has long been a mandatory ground for possession when tenants have serious rent arrears. The Renters' Rights Act 2026 updates the thresholds.
Previously, landlords needed to show two months' arrears at both the point of serving notice and at the court hearing. That's now increased to three months' arrears at both stages.
The notice period has also changed. Landlords must now provide four weeks' notice before filing for possession under Ground 8.
This change reflects the government's attempt to balance landlords' need for rent payments with tenants' right to stability. The higher threshold means that temporary financial difficulties: caused by delayed benefit payments, for example: are less likely to trigger eviction proceedings.
For lower levels of rent arrears, landlords can still use Grounds 10 and 11. These are discretionary grounds, meaning the court has more flexibility to consider the tenant's circumstances before granting possession.
Ground 10 applies when there are arrears both at the time of serving notice and at the hearing. Ground 11 applies when there's a persistent history of rent delays, even if no arrears exist at the time of the hearing.
The abolition of Section 21 isn't just a symbolic change: it comes with real teeth.
From 1 May 2026, local authorities will have strengthened enforcement powers. Attempting to serve a Section 21 notice after that date will render it invalid and expose landlords to financial penalties.
The penalty structure is clear:
Tenants or local authorities can also seek rent repayment orders, which force landlords to repay rent for periods when offences occurred. These orders can cover up to 12 months of rent payments.
For letting agents, this means being absolutely certain that any possession strategy is compliant with the new framework. Mistakes won't just delay proceedings: they could result in significant financial penalties for your clients.
The Renters' Rights Act 2026 doesn't stop at abolishing Section 21. It introduces several other protections designed to prevent landlords from using alternative methods to force tenants out.
Tenants now have the right to challenge excessive rent increases if they believe the increase is above market rate and designed to push them out. This closes a loophole where landlords might have used steep rent hikes as a backdoor eviction method.
Landlords also cannot unreasonably refuse requests to keep pets. If a tenant requests permission to have a pet, landlords must have a valid reason to refuse: and "I just don't want pets" isn't going to cut it anymore.
These protections are part of a broader government strategy to create longer-term stability in the private rented sector. The aim is to shift the culture from short-term, transactional tenancies to longer-term homes where tenants feel secure enough to invest in their communities.
The abolition of Section 21 represents a fundamental shift in how possession cases are managed. For agents who have routinely used Section 21 as a simple, low-risk route to possession, the new landscape requires a more strategic approach.
Every possession case will now require careful documentation, clear evidence, and a valid legal ground. That means maintaining thorough records of rent payments, property condition, and landlord intentions from the start of each tenancy.
It also means having honest conversations with landlords about their long-term plans. If a landlord might want to sell in the next 18 months, that needs to be flagged early. If they're considering moving into the property themselves, that's a conversation to have before the tenancy begins.
The days of serving notice "just in case" are over. Possession proceedings will require justification, evidence, and adherence to strict timelines.
But this isn't necessarily bad news. For professional agents who already maintain high standards of documentation and communication, the new framework simply formalises what should have been best practice all along.
The sector is moving toward longer tenancies, better relationships, and more professionalised management. The end of Section 21 is a significant milestone in that journey.
Let Tech Solutions Ltd is an Appointed Representative of George Stubbs Insurance Services Ltd, which is authorised and regulated by the Financial Conduct Authority.
