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Property Law

Section 21 is abolished. Here is what every UK landlord must do now.

RentRecords · 7 April 2026 · 8 min read

Key date: From 1 May 2026, Section 21 notices can no longer be served under the Renters' Rights Act 2025. All existing fixed-term tenancies convert to periodic tenancies on that date.

What the Renters' Rights Act actually says

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Its primary effect is the abolition of Section 21 of the Housing Act 1988 — the so-called "no-fault" eviction route that allowed landlords to end a tenancy without giving any reason.

From 1 May 2026, all new and existing tenancies in England become periodic tenancies. There are no more fixed-term assured shorthold tenancies. A landlord can only end a tenancy by serving a valid Section 8 notice based on one of the 37 statutory grounds for possession.

The legislation also abolishes the concept of a "starter" tenancy and removes the accelerated possession procedure for Section 21. The government has published a three-phase implementation roadmap.

What Section 8 now requires

Section 8 of the Housing Act 1988 has always existed alongside Section 21, but most landlords rarely used it because Section 21 was simpler. From May 2026, Section 8 is your only route to possession. This matters because Section 8 is evidence-dependent — you cannot just serve a form and wait. The court will examine your documentation.

There are now 37 grounds for possession under Schedule 2 of the Housing Act 1988 as amended by the Renters' Rights Act. The most commonly used by landlords are:

  • Ground 8 (mandatory): At least three months' rent arrears at both the date of notice and the date of the hearing. Previously this was two months.
  • Ground 10 (discretionary): Some rent arrears at the date of notice and at the date of hearing.
  • Ground 11 (discretionary): Persistent delay in paying rent, even if no arrears exist at the hearing date.
  • Ground 1A (new, mandatory): Landlord or close family member wishes to occupy the property as their only or principal home. Six months' notice required.
  • Ground 6A (new, mandatory): Landlord intends to sell the property. Four months' notice required.

The nine documents that make a Section 8 notice valid

For certain grounds to be available, you must have served specific prescribed documents at the start of the tenancy. If you have not served these, some grounds are blocked and your notice will fail. The required documents are:

  • A valid Gas Safety Certificate (CP12) served before move-in
  • An Electrical Installation Condition Report (EICR) served before move-in
  • An Energy Performance Certificate (EPC) rated E or above (F or G rated properties cannot be let)
  • The current version of the government's How to Rent guide
  • Deposit prescribed information (if a deposit was taken)
  • Deposit protection certificate from an approved scheme
  • A written tenancy agreement
  • Details of the landlord's address for service (required by section 48 of the Landlord and Tenant Act 1987)
  • A valid MEES compliance certificate or valid exemption registration if applicable

Critical: Missing even one of these documents does not just weaken your possession claim — it may mean the court dismisses your Section 8 notice entirely on grounds 1 to 8. Get every document served and keep proof of service.

How to build an audit-proof rent ledger

Ground 8 is mandatory — the court must grant possession if the arrears threshold is met at both notice and hearing. But the court will expect a clear rent ledger. "He owes rent" is not evidence. What you need is a dated record showing:

  • Every rent payment due, with the date it was due
  • Every payment received, with the date received and method
  • The running balance after each transaction
  • The total arrears as of the notice date

Bank statements alone are not enough because they do not show what was owed — only what was received. You need a ledger that reconciles the two. RentRecords maintains this automatically from the moment you log a tenancy.

For Ground 8, the arrears must be at least three months at the date of the notice and still at least three months at the date of the hearing. If the tenant pays down below three months before the hearing, the ground fails. This is why you also need Grounds 10 and 11 in the same notice as a fallback.

What to do right now

If you have not already done so, work through this list for every tenancy in your portfolio:

  • Confirm your gas safety certificate is current and was served on the tenant. Renew annually.
  • Check your EICR date. Required every five years. The penalty for non-compliance is now up to £40,000.
  • Confirm your EPC is valid and rated E or above.
  • Serve the current How to Rent guide if you have not done so on the latest version. Check the GOV.UK publication page for the most recent edition.
  • Check your deposit is protected and that prescribed information was served within 30 days of receipt.
  • Start a proper rent ledger if you do not have one.
  • Make sure your tenancy agreement is signed and dated and you have a copy.

The NRLA has published a detailed landlord compliance checklist for the Renters' Rights Act which is worth working through property by property.

Legal disclaimer. This article is for general information only and does not constitute legal advice. Property law changes frequently. Always consult a qualified solicitor before making decisions about possession proceedings, deposit disputes or compliance obligations.

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