Can Landlords Still Use a Section 21 Notice in 2026?

The short answer

Landlords cannot serve a new Section 21 notice in England on or after 1 May 2026. The Renters' Rights Act 2025 removed Section 21 for existing and new private assured tenancies from that date. A landlord seeking possession now normally needs to identify and evidence an applicable ground under Section 8.

There is a narrow transition for a Section 21 notice that was validly served before 1 May 2026. Even then, the landlord must start court proceedings by the earlier of the time remaining on the notice or 31 July 2026. Transitional cases are date-sensitive, so check the current GOV.UK pre-1 May guidance and obtain advice before relying on an old notice.

What changed on 1 May 2026

Before the reform, Section 21 allowed many landlords with an assured shorthold tenancy to seek possession without proving a tenant breach. That route depended on strict preconditions and notice rules.

From 1 May 2026, most private assured tenancies in England became assured periodic tenancies and the new possession framework took effect. A landlord now needs a statutory reason, known as a ground for possession, and must use the current Section 8 process.

The practical change is significant. Possession preparation now starts with the landlord's reason and supporting facts, not with a universal no-fault form.

What if a Section 21 notice was served before 1 May?

An old notice is not automatically usable merely because it was served before the reform date. The notice must have been valid under the former rules, and the transitional court deadline must still be open.

Check these points in order:

1. Confirm the actual service date

   Keep the notice, proof of service, tenancy agreement, and any service clause together. A draft date is not evidence of service.

2. Check former-law validity

   Deposit compliance, prescribed information, required documents, licensing, timing, and the exact tenancy facts could affect an old Section 21 notice.

3. Calculate the transitional court deadline

   GOV.UK says proceedings must begin by the earlier of the time left on the notice or 31 July 2026. Do not assume 31 July is available in every case.

4. Get the file reviewed before issuing a claim

   A transitional notice combines old-law validity with a new statutory cut-off. This is a strong case for a housing solicitor to review the complete file.

If the notice expired, was invalid, was withdrawn, or cannot be used within the transition, the landlord should assess the current Section 8 grounds instead of trying to recreate a Section 21 route.

What landlords use instead

For notices served from 1 May 2026, landlords in England use Section 8 and must specify one or more grounds for possession. The ground determines what must be true, what evidence matters, whether the court has discretion, and how much notice is required.

Common situations include:

• the landlord intends to sell;
• the landlord or a qualifying family member intends to move in;
• qualifying rent arrears;
• breach of the tenancy;
• antisocial behaviour; or
• another ground defined in the current legislation.

These are not interchangeable labels. For example, sale and occupation grounds can involve protected periods and restrictions after possession. Arrears grounds depend on rent frequency, the amount outstanding, the relevant dates, and sometimes benefit-payment facts. Antisocial behaviour routes can depend on the conduct and evidence available.

Read the current GOV.UK possession guidance before selecting a route.

Records to assemble before taking action

The end of Section 21 does not make the rest of the compliance file irrelevant. Deposit records, tenancy information, safety records, licensing, rent schedules, correspondence, and evidence connected to the chosen ground can still affect the process.

Prepare a chronology rather than a loose folder:

1. tenancy start and any later agreement or variation dates;
2. deposit receipt, protection, and information-service dates;
3. documents and written information given to each tenant;
4. the event supporting the possession ground;
5. rent statements, communications, reports, photographs, or witness evidence relevant to that ground;
6. intended notice date and service method; and
7. any earlier notices, proceedings, breathing-space information, or adviser correspondence.

This does not prove that a notice will be valid. It gives an adviser a clearer factual basis and reduces the risk of selecting a route from incomplete records.

Common questions

Can I serve Section 21 because the tenancy started before May 2026?

No. The date the tenancy began does not preserve a right to serve a new Section 21 notice after 1 May 2026. The transition concerns qualifying notices already served before that date.

Can I use an old Form 6A that I prepared but did not serve?

No. Preparing or signing a form before 1 May is not the same as serving a notice before 1 May.

Can I ask the tenant to leave without serving notice?

You can discuss a voluntary agreement, but you must not harass the tenant, change locks, or treat an informal request as a lawful eviction. If the tenant does not leave voluntarily, use the applicable legal process.

Is Section 8 now guaranteed if I have a reason?

No. The selected ground must apply to the tenancy and facts, the notice and service requirements must be followed, and the evidence must support the case. Some grounds are discretionary and others have specific thresholds or restrictions.

Does this change apply in Wales, Scotland, or Northern Ireland?

Section 21 was an England route. Wales uses the Renting Homes framework, Scotland uses Notice to Leave for private residential tenancies, and Northern Ireland uses Notice to Quit rules. Do not apply the England transition to a property elsewhere in the UK.

The practical next step

If no notice was served before 1 May 2026, stop using Section 21 material and identify the current Section 8 ground that matches the real reason for seeking possession. If an old notice was served, preserve the complete file and obtain urgent advice on validity and the transitional court deadline.

This guide is general information for landlords and is not legal advice. Possession eligibility, notice drafting, service, and court procedure remain fact-sensitive.