Renters' Rights Act
Section 21 is abolished. How can landlords end a tenancy in 2026?
By Oscar Mustill, Founder of LeaseLink · Last updated 21 October 2026
Quick answer
Since 1 May 2026, landlords in England can no longer use Section 21 “no-fault” notices. To end a tenancy you must serve a Section 8 notice and rely on a legal ground, such as selling (Ground 1A), moving in (Ground 1) or serious rent arrears (Ground 8). Selling and moving-in need 4 months' notice and can't be used in the first 12 months.
At a glance: the main Section 8 grounds
| Ground | Reason | Notice period | Key condition |
|---|---|---|---|
| Ground 1 (mandatory) | You or a close family member will live there | 4 months | Not in the first 12 months of the tenancy. No re-letting or marketing for 12 months after. |
| Ground 1A (mandatory) | You are selling the property | 4 months | Not in the first 12 months. No re-letting or marketing for 12 months after. |
| Ground 8 (mandatory) | Serious rent arrears | 4 weeks | At least 3 months' rent owed (13 weeks if paid weekly or fortnightly), both when you serve notice and at the hearing. |
| Ground 14 (discretionary) | Antisocial behaviour or nuisance | Short notice; check the current form | The court decides whether eviction is reasonable. |
Other grounds cover breach of tenancy, false statements, and specific situations such as student lets and supported housing. The full list is in the government's guide to the Renters' Rights Act.
Guide to the Renters' Rights Act on GOV.UKWhat replaced Section 21?
Nothing replaced it directly. All private tenancies in England are now rolling (periodic) assured tenancies with no fixed end date. A landlord can only regain possession by proving a ground in Schedule 2 of the Housing Act 1988, as amended. Tenants can still leave at any time with 2 months' notice.
What happened to tenancies that started before 1 May 2026?
Existing assured shorthold tenancies became rolling assured tenancies automatically on 1 May 2026. You don't need to sign new agreements. Section 21 notices served before that date stay valid only if court proceedings were issued by 31 July 2026.
How do I end a tenancy using Section 8? (step by step)
- Pick the right ground. Match your reason to a ground and check its conditions. Using the wrong ground can lead to penalties.
- Check the timing. For Grounds 1 and 1A, the tenancy must be over 12 months old and you must give 4 months' notice.
- Gather evidence. Rent statements for arrears, a sale instruction or valuation for selling, or proof that a family member will move in.
- Serve the current prescribed notice form from GOV.UK, listing every ground you rely on. If you use several grounds, the longest notice period applies (except for antisocial behaviour grounds).
- Keep proof of service. Note the date, method and a copy of what you served.
- Apply to court if the tenant stays after the notice ends. Only a court order and court bailiffs can remove a tenant.
- Follow the 12-month rule. After Grounds 1 or 1A, don't re-let or advertise the property for 12 months.
What happens if a landlord gets it wrong?
Councils can fine landlords up to £7,000 for a first breach and up to £40,000 for serious or repeated breaches, or prosecute. Tenants can also claim rent repayment orders of up to 24 months' rent. Misusing a ground, then re-letting within 12 months, is one of the most common risks.
If you're a tenant
Your landlord can no longer end your tenancy without a reason. If you receive a Section 8 notice, check which ground it uses and whether the notice period is right. You don't have to leave when the notice ends. Only a court can order you to go. Shelter and Citizens Advice give free help.
How LeaseLink helps
LeaseLink keeps the records a Section 8 claim depends on in one place.
- Rent tracking shows exactly what was paid and when, so arrears are clear and dated.
- Messages between landlord and tenant are stored with dates.
- Compliance tracking holds gas, electrical and EPC certificates, so a claim isn't undermined by missing paperwork.
- Legal documents keep tenancy agreements and notices together for each property.
Frequently asked questions
Can I still use Section 21?
No. Section 21 was abolished in England on 1 May 2026. Notices served before then only remain valid if court proceedings were issued by 31 July 2026.
How much notice do I need to give to sell my rental property?
4 months under Ground 1A, and not within the first 12 months of the tenancy.
How much rent arrears do I need to evict a tenant?
For mandatory Ground 8, at least 3 months' rent (or 13 weeks for weekly or fortnightly rent) when you serve notice and at the court hearing.
Can I re-let after selling falls through?
Not for 12 months after using Ground 1A or Ground 1. Breaching this can lead to a fine of up to £40,000.
Do fixed-term tenancies still exist?
No. Private tenancies in England are now rolling, and tenants can leave with 2 months' notice.
Does this apply in Wales or Scotland?
No. The Renters' Rights Act covers England. Wales and Scotland have their own rules.
Sources
This article is general information, not legal advice. Check the latest rules on GOV.UK before serving any notice.