Laws & Regulations
Is Section 21 still valid in 2026?
No. Section 21 of the Housing Act 1988 — the "no-fault" eviction notice — was abolished in England by the Renters' Rights Act 2025. From the assured tenancy commencement date in 2026, all assured shorthold tenancies converted automatically to periodic assured tenancies, and landlords can no longer issue a Form 6A under Section 21.
To regain possession, landlords must rely on a strengthened Section 8 ground from Schedule 2 of the 1988 Act, such as Ground 1A (sale), Ground 1B (landlord moving in), Ground 8 (serious rent arrears) or one of the antisocial-behaviour grounds. Each ground has its own notice period and evidence threshold, and contested cases go to a possession hearing in the County Court. The GOV.UK Renters' Rights Act guide sets out the full list.
What this means in practice
A landlord in Bristol who issued a Section 21 notice in March 2026 — before the commencement date — can still rely on it through the courts. Any notice issued on or after commencement is invalid: the courts must dismiss the claim. To recover the property to sell it, the landlord now serves a Section 8 notice citing Ground 1A with at least four months' notice, evidence of intent to market within three months, and cannot re-let the property for 12 months after possession is recovered.
Related questions
Can I still use a Section 21 notice issued before the changes?
Yes, but only for a limited transitional period. A Section 21 notice validly served before the assured tenancy commencement date can still be relied on, provided court proceedings are issued within the statutory window (typically six months from the notice date). Once that window closes, the notice expires and the landlord must re-serve under Section 8. The GOV.UK transition guidance sets out the cut-off dates.
Does Section 21 still apply in Scotland or Wales?
It never applied in Scotland — Scotland abolished no-fault eviction in 2017 with the Private Residential Tenancy. Wales replaced Section 21 with a six-month no-fault notice regime under the Renting Homes (Wales) Act 2016, in force since December 2022. The Renters' Rights Act 2025 changes apply to England only, although the practical position across Great Britain is now broadly similar: landlords need a specified ground to recover possession.
Sources
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