Section 21 of the Housing Act 1988 — the so-called no-fault eviction — has dominated UK rental policy debate for years. The Renters' Rights Act 2024 set out to abolish it, but transitional provisions mean it still applies to many tenancies in 2026. This guide explains where the law stands today, the strict procedural requirements landlords must meet and the grounds replacing Section 21 going forward.
Section 21 allows a private landlord to end an Assured Shorthold Tenancy (AST) without giving a reason, provided minimum notice (currently 2 months) is given and certain procedural conditions are met. It's been the workhorse of the private rented sector for 35 years.
Critics argued it created housing insecurity and let landlords retaliate against complaints; defenders argued it gave the certainty landlords need to enter the market. Both points have merit and the legislation tries to balance them.
The Act abolishes Section 21 for new tenancies created from a 'commencement date' to be set by the Secretary of State. Existing ASTs convert to a new periodic 'assured tenancy' that no longer has fixed terms or Section 21.
In its place, expanded grounds for possession under Section 8 cover landlord sale, landlord moving in, serious arrears, anti-social behaviour and breach of tenancy. Notice periods are longer (typically 4 months for sale or moving in) and most grounds require a court hearing.
While Section 21 remains in force for tenancies pre-dating commencement, landlords must satisfy a checklist or the notice is invalid. The deposit must be in an authorised scheme with prescribed information served. The tenant must have received a current EPC, current Gas Safety Certificate and the latest 'How to Rent' guide.
From October 2018 the Form 6A prescribed notice must be used. The notice cannot expire within the first 4 months of the original tenancy and cannot be served in retaliation within 6 months of an Improvement Notice from the council.
If any procedural element is missing, the notice fails and the landlord must start again. Common defences include: deposit not protected within 30 days, no prescribed information, EPC below E without exemption, or no Gas Safety Certificate.
Even with a valid notice, the landlord cannot force entry. They must apply to court for a possession order (typically 6-10 weeks for the accelerated route) and then to the bailiffs for enforcement (currently another 6-12 weeks). End-to-end, an undefended Section 21 takes 4-6 months from notice to enforcement.
Landlords should ensure all compliance documents are current and dated, deposits are scheme-protected with current prescribed information, and any Section 21 notice is served on Form 6A with at least 2 clear months. After commencement, plan around the new Section 8 grounds and longer notice periods.
Tenants who receive a Section 21 should not panic and should not move out before a court order. Take the notice and all tenancy paperwork to Citizens Advice or Shelter — many notices are defective and tenants who move out unnecessarily lose deposit-protection claims worth thousands.
There's no statutory winter ban on evictions in England, though courts and bailiffs sometimes adjust scheduling around Christmas.
No. The date is when the landlord can apply to court — not when you must leave. You can stay until a bailiff enforces a possession order.
If your deposit was unprotected or prescribed information not served, the landlord cannot serve a valid Section 21 and you can claim 1-3x the deposit as a penalty.
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