What Is Section 21 of the Housing Act 1988, and Has It Been Abolished?

Section 21 of the Housing Act 1988 was the rule that let a landlord in England end an assured shorthold tenancy without giving any reason. It was widely known as "no-fault eviction". For private tenancies in England it was abolished on 1 May 2026, when the main tenancy reforms in the Renters' Rights Act 2025 came into force. Landlords can no longer serve a section 21 notice on private tenants in England, whether the tenancy is new or existing.

What section 21 used to do

Under section 21, a landlord could get a possession order from the court without having to prove that the tenant had done anything wrong. The process was:

• The landlord served a written notice, using the prescribed form (Form 6A for most tenancies), giving at least two months' notice.
• For most tenancies, the notice could not be served in the first four months, and could not end a fixed term early.
• If the tenant did not leave when the notice ran out, the landlord could apply to court, usually using the "accelerated" procedure. If the paperwork was in order, the court generally had to grant possession.

Because the landlord did not need a reason, section 21 was surrounded by strict conditions. A notice could be invalid if, for example, the landlord had not protected the tenant's deposit in a government-approved scheme, had not given the tenant the gas safety certificate, energy performance certificate or the government's "How to rent" guide, or had not licensed a property that needed a licence.

There was also protection against "retaliatory eviction" under section 33 of the Deregulation Act 2015. If a tenant complained in writing about disrepair and the council then served an improvement notice or emergency remedial action notice, the landlord could not serve a section 21 notice for six months after the council's notice. (Some older guides wrongly say the six-month bar ran from a previous section 21 notice. It did not; it ran from the council's notice.)

What changed on 1 May 2026 (England)

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Its tenancy reforms were brought into force for private tenancies in England on 1 May 2026 by The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421). From that date:

• Section 21 notices can no longer be served on private tenants in England.
• Most existing assured shorthold tenancies became periodic assured tenancies, rolling month to month (or week to week) with no fixed end date. New tenancies are created this way too.
• A landlord who wants the property back must use section 8 and prove one of the grounds for possession set out in the Housing Act 1988.
• Tenants can end the tenancy by giving two months' notice.

According to the government's guide to the Act, the section 8 grounds include the landlord wanting to sell the property or wanting to move in themselves or a close family member. These grounds need four months' notice and cannot be used to end a tenancy in its first 12 months. Other grounds cover rent arrears (the mandatory arrears ground now needs at least three months' arrears and four weeks' notice), anti-social behaviour and other breaches. The government's grounds for possession guidance for tenants explains each ground.

What about section 21 notices served before 1 May 2026?

A valid section 21 notice served on or before 30 April 2026 did not become useless overnight, but it had a short shelf life. Under the transitional rules, a landlord had to start court proceedings by the earlier of the time left on the notice or 31 July 2026. That deadline has now passed. As the government's guidance on notices given before 1 May 2026 explains:

• If the landlord did not apply to court by 31 July 2026, the notice can no longer be used. To get possession the landlord must now serve a section 8 notice and prove a ground.
• If the landlord requested a claim form by 31 July 2026, the case continues until the proceedings are finished. Under Schedule 6 to the Act, that tenancy stays an assured shorthold tenancy until then.

If you are a private tenant in England and receive a section 21 notice dated on or after 1 May 2026, it has no legal effect. You do not have to leave because of it, although it is sensible to get advice about why your landlord wants the property back.

Who section 21 can still apply to

The 1 May 2026 changes apply to private tenancies. They do not yet apply to assured tenancies of social housing let by housing associations and other private registered providers. The government says the changes will apply to them from 2027 at the earliest. If you rent from a housing association on an assured shorthold tenancy (for example, a starter tenancy), check the current position with your landlord or an adviser. Council tenants usually have secure or introductory tenancies under different legislation, so section 21 has never applied to them.

Wales

Section 21 has not been used for most lettings in Wales since 1 December 2022, when the Renting Homes (Wales) Act 2016 came into force. Tenancies were replaced by "occupation contracts". Private landlords in Wales can still end a periodic standard contract without a fault-based reason, but under Welsh law, not section 21, and the minimum notice period is generally six months rather than two. Welsh renters should use Welsh Government guidance, not English guidance.

What to do now

• Tenants in England: if a landlord says you must leave, ask which section 8 ground they rely on and check that the notice period is correct. Only a court can order you to leave, and only bailiffs or High Court enforcement officers can carry out an eviction. Contact your local council's housing team early if you might become homeless.
• Landlords in England: use the prescribed section 8 notice, give the correct notice period for the ground, and keep evidence that it applies.

Key points

• Section 21 allowed "no-fault" evictions of assured shorthold tenants with two months' notice.
• It was abolished for private tenancies in England from 1 May 2026. Possession now needs a section 8 ground.
• Notices served before 1 May 2026 could be used only if court proceedings started by 31 July 2026.
• Housing association tenancies are not covered by the changes yet (2027 at the earliest).
• Wales replaced section 21 with its own system on 1 December 2022.