Section 21 Notice: Your 2026 Guide Before Abolition Hits

1. Section 21 dies on 1 May 2026 — you have 12 days left

A lot of landlords still think the no-fault eviction ban is coming “sometime next year.” It isn’t. The Renters’ Rights Act 2025 received Royal Assent in late 2025, and the government confirmed the Phase 1 commencement date: 1 May 2026. That’s not a rough target — it’s a fixed date in the statutory instrument.

On that day, the change applies to every singleassured shorthold tenancy (AST), old and new, at once. No transition period. No exceptions. If you haven’t served your Section 21 notice by 30 April, that door is permanently shut.

And even if you do serve a valid notice before the deadline, there’s a hard cut-off for court action too. You must commence possession proceedings by 31 July 2026at the latest, or your notice becomes void. That’s the ‘longstop date’ written into the transitional provisions.

Read the full text of the Renters’ Rights Act 2025.

2. Understanding why Section 21 is called a ‘no-fault’ eviction

What’s the risk of misunderstanding ‘no-fault’? Thinking you’re stuck with a problem tenant unless they’ve actually broken the contract. You’re not. A Section 21 notice, issued under Section 21 of the Housing Act 1988, lets you regain possession without having to prove the tenant did anything wrong. No breach, no problem. That’s why landlords use it.

You don’t have to give a reason. Maybe you’re selling up. Maybe you’re moving a relative in. It doesn’t matter. This is completely different from a Section 8 notice, where you must prove specific grounds for possession, like rent arrears or property damage.

So why does this matter? It means the court’s only job is to check your paperwork. They don’t care whyyou want the property back, only that you’ve ticked every box correctly. But that’s the catch — it’s this focus on pure procedure where so many landlords get it wrong and have their claims thrown out on a technicality.

Explore the details of the Housing Act 1988, Section 21.

3. Serving a Section 21 notice: you must give at least 2 months’ warning

Get the notice period wrong and your claim is dead on arrival. You’ve just wasted weeks and legal fees. The absolute minimum you must give is two calendar months. That’s not a guideline. It’s a hard rule.

And here’s another tripwire: you can’t serve a Section 21 notice in the first four months of the originaltenancy. Let’s say a tenant moves in on 10 May 2025. The earliest you could serve notice is 10 September 2025. That notice would then expire, at the earliest, on 10 November 2025, giving them their two full months.

For any tenancy that started after 1 October 2015, the notice can expire on any date you choose (as long as it’s after the two-month period). Older tenancies had different rules — often needing to end on the last day of a tenancy period. And if you have a replacement tenancy? That four-month rule still applies from the start date of the very first agreement.

4. Using Form 6A is crucial for a legally valid Section 21 notice

Don’t use Form 6A when you’re supposed to, and you’re practically asking the court to throw out your claim. That’s the £355 court fee down the drain, and you’re back to square one. For any assured shorthold tenancy (AST) that started or was renewed on or after 1 October 2015, you MUST use Form 6A. No exceptions.

Let’s be clear: this isn’t a suggestion. It’s a legal requirement. Fail to use Form 6A for a post-2015 tenancy, and your notice is invalid. Simple as that. Now, for older tenancies (pre-1 Oct 2015) that haven’t been renewed, a letter mightstill pass muster. But why would you risk it? Just use Form 6A every time. It’s the safest bet.

Form 6A makes sure all necessary information and warnings are properly given to the tenant, which reduces the likelihood of procedural errors coming back to bite you.

Download Form 6A directly from GOV.UK.

5. Ignoring pre-conditions will invalidate your notice and waste time

This is the section that trips up landlords time and time again, costing them thousands in lost rent and legal fees. Before you even think about serving a Section 21, you have to make sure a whole list of pre-conditions are met. Miss a single one, and your notice is worthless.

• Deposit Protection: You must have protected the tenant’s deposit in a government-backed scheme within 30 days of getting it. And you must have given them the ‘prescribed information’ to prove it (Housing Act 2004, Section 213).
• Energy Performance Certificate (EPC): A valid EPC must have been provided to the tenant at the start of the tenancy. If you can’t prove you gave it to them, you’re in trouble.
• Gas Safety Certificate: Did you provide a valid Gas Safety Certificate at the start of the tenancy? And for every year since? You have to (Gas Safety (Installation and Use) Regulations 1998).
• How to Rent Guide: The tenant must have received the latest version of the government’s ‘How to Rent’ guide at the start of the tenancy, and again at any renewal (Deregulation Act 2015, Section 39).
• Licensing: Does your property need a licence — maybe it’s an HMO or in a selective licensing area? That licence must be active when you serve the notice (Housing Act 2004).

Here’s a real-world example: A landlord serves a Section 21 but forgot to give the tenant the ‘How to Rent’ guide. The tenant’s solicitor spots it. The court agrees. The notice is invalid. Now the landlord has to start the entire process all over again, is out £500+ in legal fees, and possession is delayed by months.

Access the latest How to Rent guide from GOV.UK and check our landlord compliance guides.

6. The court process: expect delays and additional costs

So, what happens if the tenant doesn’t leave when the notice expires? You’re heading to court, and that means fees starting at £355. The entire process, from application to possession, can easily take 6–9 months— all while you’re losing rent. Your first step is applying for a possession order.

With a Section 21, you can usually use the ‘accelerated possession procedure’ (that’s Form N5B), provided you aren’t also claiming rent arrears. This often avoids a full court hearing, but don’t let the name fool you. ‘Accelerated’ is not the same as ‘fast’. The court fee alone is £355 (for the 2026/27 tax year).

Even if the court grants the possession order, some tenants still won’t leave. Your next move is to apply for a warrant of possession. This gets the bailiffs involved, and it costs you another £130 (2026/27 tax year). The whole thing can take months, all depending on how backed up the courts are.

7. Choosing between Section 21 and Section 8: one requires fault, the other doesn’t

Pick the wrong notice, and you’re back to square one, out of pocket for legal fees. When it comes to getting your property back, you’ve got two main tools in your belt: Section 21 and Section 8. Knowing which one to use is non-negotiable.

Notice periods for Section 8 vary, from as little as 2 weeks for serious rent arrears to 2 months for other grounds. So which is right for you? It all comes down to the facts on the ground — and the paperwork you have to back them up.

8. The Renters’ Rights Act 2025: key dates you can’t afford to miss

The Renters’ Rights Act 2025 received Royal Assent in late 2025. Phase 1 — which includes the abolition of Section 21 — commences on 1 May 2026. Here’s a timeline of exactly what happens and when.

There is no transition period. On 1 May, the ban applies to every AST at once — new ones, old ones, all of them. The ability to serve a Section 21 notice vanishes overnight.

Read the full Renters’ Rights Act 2025.

9. Expanded Section 8 grounds will replace Section 21, but with longer notice periods

If you don’t get your head around the new Section 8 grounds, you’ll have no legal way to evict. Once Section 21 is gone, Section 8 is all you’ve got. The good news? The Renters’ Rights Act 2025 does add some new mandatory grounds to your toolkit.

• New Ground for Sale (Ground 1A): If you genuinely wish to sell your property, you have a mandatory ground for possession. This requires a minimum of 4 months’ notice to the tenant. But there’s a catch: if you use this ground, you are banned from re-letting the property for 12 months after the notice expires. Breach that, and you could face enforcement action from the local authority.
• New Ground for Landlord/Family Move-in (Ground 1): If you or a close family member wishes to move into the property, there’s a mandatory ground, also requiring a minimum of 4 months’ notice.

The Act also strengthens some existing Section 8 grounds and introduces new protections for tenants against retaliatory evictions. It’s a whole new ball game.

10. Landlords must prepare now to avoid future eviction headaches

Failing to prepare now could cost you thousands in lost rent and protracted legal battles down the line. Smart landlords are already making sure their ducks are in a row for what comes next.

• Review All Tenancies: Dive into your current ASTs and identify any compliance gaps. Are your EPCs, Gas Safety certificates, How to Rent guides, and deposit protection all up-to-date and correctly served?
• Prioritise Compliance: Get all your Section 21 pre-conditions sorted for current tenancies. This protects you today and is essential for any Section 8 claim tomorrow.
• Understand New Section 8 Grounds: Get to know the new Section 8 grounds inside out, especially the ones for selling up or moving in. Pay attention to their much longer notice periods (a full 4 months).
• Maintain Detailed Records: Keep detailed records of everything. Emails, inspections, safety certificates, deposit info. This paperwork will be your best friend in any future Section 8 claim.
• Consider Professional Advice: Talk to a property solicitor. The law is changing fast, and professional advice is worth its weight in gold right now.

For more on staying compliant with HMRC, check out our complete MTD landlords guide. If you’re weighing up software options, see how Fineproof compares to Hammock.

11. The ‘no-fault’ eviction ban: what it truly means for landlords

Don’t let the phrase “no-fault eviction ban” scare you into thinking you can never get your property back. You can. The ban just means one thing: the end of Section 21.

So what does it really mean? It means landlords won’t be able to evict a tenant without giving a valid, legal reason. That’s it. It’s not a ban on all evictions. It just means every eviction from now on has to use one of the official grounds listed under Section 8 of the Housing Act 1988 (as updated by the Renters’ Rights Act 2025).

For you, the landlord, this demands a much tighter ship when it comes to tenancy management. You’ll need solid proof of any tenant breaches or a paper trail for your reason to repossess, like an estate agent’s listing if you’re selling. This is about being accountable, not being powerless.

12. Frequently asked questions

Is Section 21 still valid in 2026?

Only until 30 April 2026. Section 21 is abolished from 1 May 2026 under the Renters’ Rights Act 2025. If you served a notice before the cut-off, you must start court proceedings by 31 July 2026 or the notice becomes void.

What is the current Section 21 notice period?

It’s a minimum of two calendar months. You also can’t serve it within the first four months of the original tenancy agreement.

What happens if I don’t meet the Section 21 pre-conditions?

If you don’t meet the pre-conditions (like a valid EPC, Gas Safety Certificate, How to Rent guide, or deposit protection), your Section 21 notice will be invalid. A court will throw out your possession claim, forcing you to start over and costing you serious time and money.

What will replace Section 21 when it’s abolished?

Landlords will have to use the expanded Section 8 grounds for possession. The Renters’ Rights Act 2025 brings in new mandatory grounds, such as wanting to sell the property or for the landlord/family to move in, but these generally need a minimum of 4 months’ notice.

Can I still use Form 6A for a Section 21 notice?

Yes, and for any assured shorthold tenancy created or renewed on or after 1 October 2015, you MUST use Form 6A. If you don’t, your notice will be invalid. It’s best practice to use Form 6A for all Section 21 notices to be safe.

This article is for informational purposes only and doesn’t constitute legal advice. Always check the latest requirements on GOV.UK and speak to a qualified solicitor about your specific situation.