Section 21 Notice: What the Law Says Now (and What Changed on 1 May 2026)
Law update · 1 May 2026
Section 21 no-fault evictions were abolished on 1 May 2026 by the Renters' Rights Act 2024. Assured shorthold tenancies (ASTs) were converted to assured periodic tenancies. Landlords in England can no longer serve a new section 21 notice. Any eviction now has to go through section 8 with a specific ground. If you already had a section 21 notice served before 1 May 2026 and it is still in court proceedings, the old rules below still apply to that notice.
Section 21 was abolished on 1 May 2026. If you have a notice served before then, the old rules still apply. Everything else now goes through section 8.
The current position after 1 May 2026
The Renters' Rights Act 2024 (RRA 2024) came into force on 1 May 2026. Its two headline effects for a private tenant in England are:
- Section 21 no-fault evictions are gone. A landlord cannot end your tenancy just because they want you out. They must have and prove a specific ground.
- Your AST became an assured periodic tenancy on 1 May 2026. You did not have to do anything - the conversion was automatic. No new AST can be created after that date.
Eviction now runs on section 8 Housing Act 1988 as amended by the RRA 2024. The landlord must serve a section 8 notice specifying a ground (for example rent arrears, breach of tenancy, sale of property, landlord moving in), give the correct notice period for that ground, and if you do not leave, apply for a court possession order.
If your landlord has served or is threatening to serve a section 21 notice with a date on or after 1 May 2026, it is legally ineffective. You can write to them citing the RRA 2024 and require them to withdraw it. If they issue court proceedings on it, the claim should be dismissed.
Other landlord duties that did NOT change on 1 May 2026
These still apply and are still enforceable regardless of the s.21 abolition:
Before 1 May 2026 - the section 21 rules that still apply if your notice was served before that date
This section is preserved for anyone whose landlord served a section 21 notice before 1 May 2026 and is still relying on it in court. Those cases follow the pre-abolition rules.
Understanding Section 21 Notices (pre-1 May 2026)
A Section 21 notice was a "no-fault" eviction notice. The landlord did not need to claim you breached the tenancy; they could end it for any reason (or no reason). However, the notice had to be valid. Defects in the notice - missing required information, improper service, breach of deposit rules - made it unenforceable. If served invalidly, the landlord had to start over, buying you time.
Many tenants assumed a Section 21 notice was automatic eviction. It was not. Challenging it worked if you knew the legal requirements.
What the pre-abolition law said
Checklist: was your Section 21 valid?
- Notice period: Did it give exactly 2 months? Less was invalid.
- Service: Was it delivered properly? Hand-delivery, post, or email (if agreed). Improper service was invalid.
- Deposit protection: Was your deposit protected in an authorized scheme within 30 days of the start? If not, the notice was invalid.
- Prescribed information: Did you receive the prescribed information when the deposit was protected? (Required under section 213-215, Housing Act 2004.) Missing info meant invalid notice.
- Gas safety: If the property had gas, did you receive annual gas safety certificates? Missing cert meant invalid notice.
- EPC: Did you receive an EPC at the start of the tenancy? Missing EPC meant invalid notice.
- Prescribed form: Was the notice in the prescribed form (Form 6A)? Using a non-prescribed form could be invalid.
What to do if the pre-abolition notice was invalid
Gather evidence. Collect copies of the Section 21 notice, your tenancy agreement, evidence of deposit protection (or lack thereof), gas safety certs, and the EPC status.
Write to your landlord. Send a letter stating the notice is invalid and citing which requirement was not met. Request confirmation that the notice is withdrawn.
If the landlord pursues possession, defend the court claim. Use the Section 21's defects as your defense. If the notice was invalid, the court must dismiss the claim.
Get advice early. Contact a tenant advisor or solicitor before the court date.