Time is running out for Section 21 “No-Fault” evictions: What Landlords Must Know

Time is running out for Section 21 “No-Fault” evictions: What Landlords Must Know

Private rented sector landlords in England are now facing a definitive countdown to the abolition of Section 21 “no-fault” eviction notices. The longstanding mechanism by which a landlord could regain possession of a property simply by giving notice, without needing to prove any fault on the tenant’s part, is set to disappear under the forthcoming Renters’ Rights Act reforms.

Understanding the critical deadlines, transitional provisions and alternative routes to possession is essential for landlords and agents who intend to rely on Section 21 before it ceases to be available.

What is Section 21, and why is it ending?

Under current law, landlords with assured shorthold tenancies (ASTs) can serve a Section 21 notice to end a tenancy once the fixed term has ended or during a periodic tenancy, provided statutory preconditions (e.g., correct documentation, deposit protection, safety certificates, EPC and “How to Rent” guide) are met.

However, the Renters’ Rights Act will abolish Section 21 “no-fault” evictions from 1 May 2026, meaning landlords will no longer be able to regain possession simply by giving two months’ notice. Instead, landlords must rely on Section 8 grounds for possession, which require specific legal reasons such as rent arrears, antisocial behaviour, the landlord’s intention to sell or move in, and other defined circumstances.

This change is part of a comprehensive overhaul designed to increase security for renters in the private rented sector, while ensuring landlords still retain robust grounds to recover their properties where justified.

Key Deadlines: “Last Chance Saloon” for Section 21 Notices

Serve Section 21 by 30 April 2026

To rely on Section 21 under the current regime, the notice must be served (received by the tenant) before the end of the day on 30 April 2026. Notices served after this date will be time-barred and cannot be used to begin a Section 21 possession claim.

Possession Proceedings Must Commence by 31 July 2026

Even where a valid Section 21 notice is served before 1 May 2026, landlords must take care to issue court proceedings for possession within 6 months from the date of the Notice or by 31 July 2026 (whichever is sooner) in order to complete the process under the current law.

Failure to start proceedings within these timeframes means landlords will thereafter need to rely on Section 8 grounds.

Transitional Rules: What happens after 1 May 2026?

From 1 May 2026, the Government guidance makes clear that:

• No new Section 21 notices can be served.
• Section 21 possession claims already issued can continue through the courts, provided they were started in time.
• Landlords will instead need to use Section 8 grounds to seek possession, which involves demonstrating facts to a court and (in most cases) obtaining a possession order.

This change marks the end of “no-fault” evictions in the private rented sector, one of the most significant reforms to landlord and tenant law in decades.

What Landlords should be doing now

Given the looming deadlines, landlords and letting agents should take urgent steps to prepare:

✔ Review tenancy portfolios now — ensure you know which ASTs may require possession before the deadline and serve Section 21 notices before 30 April 2026 if you intend to use them.

✔ Confirm compliance documentation is in order — incorrect or missing documentation can invalidate a Section 21 notice.

✔ Consider Section 8 strategy — familiarise yourself with the various statutory grounds for possession and associated notice periods that will apply after abolition.

✔ Update procedures and templates — tenancy agreements and internal processes should reflect the post-May 2026 landscape.

✔ Provide required information — separate transitional requirements (e.g. providing the Government Information Sheet to existing tenants by statutory deadlines) must also be observed.

Final Thoughts

The abolition of Section 21 does not mean landlords will be unable to regain possession of their properties. But it does mean that the mechanism changes fundamentally and that time is running out to use the old regime.

Landlords must act now if they intend to use Section 21 before 1 May 2026, and all landlords should be preparing for a world in which possession is necessarily tied to specific, evidentially supported grounds under Section 8.

If you have any cases where possession is urgent or imminent, or if you want guidance on transitioning to the new regime, seek specialist legal advice sooner rather than later.

Author: Natasha Kelt