Landlord Law
Section 21 has ended: what to do instead
July 20265 min read
Since 1 May 2026 you cannot evict a tenant using the Section 21 process. Every possession case now needs a legal reason under the reformed Section 8 grounds. That is not the end of being able to recover your property. It is the end of being casual about how.
The grounds that matter most
- Selling the property (Ground 1A) or moving in yourself or close family (Ground 1): 4 months' notice, and neither ground can be used in the first 12 months of a tenancy.
- After using the sale or moving-in grounds, the property cannot be re-marketed or re-let for 12 months. These grounds are not a Section 21 substitute and using them casually carries real cost.
- Serious rent arrears (Ground 8): the mandatory threshold rose from 2 to 3 months' arrears, and the notice period from 2 to 4 weeks.
- Antisocial behaviour: proceedings can begin immediately.
What this means in practice
Possession now turns on evidence. Rent statements, correspondence, notices served correctly with the right periods, and a genuine basis for the ground you rely on. Courts see the paperwork before they see you. A notice served a day early or on the wrong form does not get the benefit of the doubt it sometimes used to.
Notices served before 1 May 2026 are covered by transitional provisions, so if you had a Section 21 in flight, its position depends on the timing. Check the current GOV.UK guidance for the detail rather than assuming either way.
The grounds still work. What no longer works is treating possession as an administrative formality.
This is general guidance, not legal advice; possession cases in particular deserve specific advice before you act. If you want your tenancy paperwork checked against the new grounds before you ever need them, that is exactly what our free compliance review is for.
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