The Abolition of Section 21 Notices
The private rented sector (PRS) is entering a period of significant reform. From May 2026, the Renters’ Rights Act will introduce some of the most wide-ranging changes landlords have seen in a generation, reshaping how tenancies are managed, ended and regulated. These changes bring greater clarity, structure and consistency for responsible landlords and our experienced team can help you prepare well in advance.
Read on for our in-depth analysis of this specific change, and find out how we can help you navigate it.
What’s changing from the 1st May 2026:
From 1st May 2026, landlords will no longer be able to use Section 21 ‘no-fault’ evictions to regain possession of a property. Instead, possession will need to be sought on specific, clearly defined grounds under Section 8, where there is a genuine reason to do so. The Act strengthens and clarifies these grounds, while also protecting tenants from arbitrary eviction and giving them sufficient time to find a new home.
As was the case prior to the Act’s implementation, if a tenant does not leave voluntarily, landlords must apply to the court for possession and provide evidence that the relevant ground has been met.
- For mandatory grounds, the court must award possession if the ground is proven.
- For discretionary grounds, the court can consider if eviction is reasonable, even when the ground is met.
Examples of some of the most noteworthy grounds and their notice periods are:
Ground |
| Summary | Notice period |
Mandatory grounds |
|
|
|
1 | Occupation by landlord or family | The landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy. | 4 months |
1A | Sale of dwelling-house | The landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy. | 4 months
|
4 | Student accommodation | In the 12 months prior to the start of the tenancy, the property was let to students. Can only be used by specified educational establishments. | 2 weeks |
4A | Properties rented to students for occupation by new students | A HMO is let to full-time students and is required for a new group of students in line with the academic year. Cannot be used if the tenancy was agreed more than 6 months in advance of the tenancy starting (i.e. the tenant moving in). | 4 months |
7A | Severe ASB/Criminal Behaviour | The tenant has been convicted of a type of offence listed in the ground, has breached a relevant order put in place to prevent anti-social behavior or there is a closure order in place prohibiting access for a continuous period of more than 48 hours. | Landlords can begin proceedings immediately |
8 | Rent arrears | The tenant has at least 3 months’ (or 13 weeks’ if rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing. | 4 weeks |
Discretionary grounds |
|
|
|
10 | Any rent arrears | The tenant is in any amount of arrears. | 4 weeks |
11 | Persistent arrears | The tenant has persistently delayed paying their rent. | 4 weeks
|
12 | Breach of tenancy | The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent). | 2 weeks |
13 | Deterioration of property | The tenant has caused the condition of the property to deteriorate. | 2 weeks |
14 | Anti-social behaviour | The tenant or anyone living in or visiting the property has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property. Or the tenant or a person living or visiting the property has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality. | Landlords can begin proceedings immediately |
A full list of each ground and its details can be found here.
Our view:
Working with the right agent has never mattered more.
With the majority of possession cases already aligning with the new grounds, landlords who are well-advised will continue to operate successfully. Insights from the English Housing Survey report that only 0.03% of tenancies end using Section 21, and around 65% of the notices we issue already align with these grounds. Our role is to protect your position, reduce risk and manage tenancies confidently within the new rules.
Contact us to hear more about how our approach supports responsible landlords.
How we can help:
We will guide you through the new processes to ensure they are used effectively and with confidence. We are already implementing systems to efficiently and securely gather and retain the evidence if required. If you plan to sell your property or move back in, we will ensure that notices are served correctly and in full compliance with the new rules, helping to minimise delays or potential disputes.
Whether you own a single property or a growing portfolio, we provide compliant tenancy management, evidence-led possession support and strategic advice tailored to your goals. Contact our team today to discuss how we can support you under the Renters’ Rights Act.
FAQ’s
Q. When can I issue notice to a tenant?
A. Landlords can issue notice on the relevant grounds at any point in the tenancy where a tenant is at fault, such as antisocial behaviour, property damage, or significant rent arrears.
Q. What rights do I have if my tenant falls into arrears?
A. New protections will support tenants who temporarily fall behind on rent, helping maintain viable tenancies. The mandatory arrears threshold will increase from 2 to 3 months, and the notice period from 2 to 4 weeks. This gives tenants more time to clear arrears while ensuring landlords aren’t left with unsustainable costs.
Landlords can still use discretionary arrears grounds, for example, where rent is repeatedly late.
Our data shows that only X tenancies fall into arrears, and most are resolved quickly. For added protection, landlords may wish to use products such as Rent & Legal Protection, which covers missed rent and legal costs, offering greater peace of mind.
Q. What if I want to sell or move back into my property?
A. The Act recognises that landlords’ circumstances can change and strengthens the rights to regain possession where a property needs to be sold or the landlord intends to move in. To provide stability for tenants, a 12-month protected period applies at the start of a tenancy, during which these grounds cannot be used.
When relying on these grounds, landlords must give four months’ notice, allowing tenants additional time to secure alternative accommodation and helping to reduce the risk of homelessness.
Q. If my sale falls through, can I re-let the property?
A. Landlords are prohibited from marketing or re-letting a property for 12 months after listing it for sale. An exception applies to shared owners using the selling ground (Ground 1A), where they can demonstrate that a genuine attempt to sell the property was made.
Have a question about your specific situation?
The new legislation affects landlords differently depending on their property type, tenancy structure and future plans. Our team is happy to talk through your circumstances and provide clear, practical guidance. Get in touch for a confidential discussion.
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