For landlords · 9 min read
Section 21 is gone: how landlords take back possession now
Section 21 — the notice that let a landlord in England end an assured shorthold tenancy without giving a reason — was abolished when the Renters' Rights Act commenced on 1 May 2026. To take back a property you must now serve notice under a stated ground in Schedule 2 of the Housing Act 1988 and, if the tenant does not leave, satisfy a court that the ground is made out. Grounds exist for selling, moving yourself or close family in, serious rent arrears, anti-social behaviour and breach of tenancy. Each carries its own notice period, and some cannot be used in the first months of a tenancy.
Frequently asked questions
Can landlords still use Section 21?
No. Section 21 no-fault eviction was abolished in England when the Renters' Rights Act commenced on 1 May 2026. A landlord must now serve notice specifying a legal ground for possession and, if the tenant does not leave, satisfy a court that the ground is made out.
How can a landlord end a tenancy now?
By serving notice under a stated ground in Schedule 2 of the Housing Act 1988 as amended. Grounds include selling the property, moving in yourself or a close family member, serious rent arrears, anti-social behaviour and breach of the tenancy. Each has its own notice period, and some cannot be used in the opening months of a tenancy.
What happens to a Section 21 notice served before 1 May 2026?
Transitional arrangements govern notices served before commencement, and the position depends on the date the notice was served and whether proceedings had begun. Check the current guidance on GOV.UK and take advice before relying on an existing notice.
Does a tenant still have to give notice?
Yes. A tenant can end the tenancy by giving notice at any point, without needing a reason. The obligation to justify ending the tenancy sits with the landlord, not the tenant.
Does this apply in Wales or Scotland?
No. The Renters' Rights Act applies to England. Wales moved to occupation contracts under the Renting Homes (Wales) Act 2016 in December 2022, and Scotland's private residential tenancy has had no no-fault ground since December 2017. Northern Ireland has separate rules.
Do I need a solicitor to take back my property?
Not necessarily to serve notice, but possession is now an evidenced legal process rather than an administrative one. If the tenant disputes the ground, or the arrears or conduct are contested, take advice before filing. Serving the wrong notice restarts the process.