The Rent Act 1977 – Do Your Tenants Have Additional Protection?
BLOG POST | Property Litigation | Landlords & Letting Agents
Ansons Law Property Litigation Team
Section 21 Is Being Abolished: What Landlords Need to Do Now
The rules governing residential tenancies in England are about to change significantly. From 1 May 2026, landlords will no longer be able to use Section 21 notices to regain possession of their properties. The Renters' Rights Act 2025 abolishes what is commonly known as 'no-fault eviction', and the deadline is closer than many landlords realise.
If you are a landlord, letting agent, or property investor, here is what you need to know.
What is a Section 21 notice?
A Section 21 notice, issued under the Housing Act 1988, allows a landlord to recover possession of a property without having to prove any fault on the part of the tenant. Provided the correct procedures are followed, including giving at least two months' notice and complying with requirements such as providing gas safety certificates and protecting the tenant's deposit, the court is generally required to grant possession.
Because no reason needs to be given, Section 21 has become the most commonly used route for landlords wishing to end a tenancy. That route is closing.
The key dates you need to know
The Renters' Rights Act sets out the following transitional dates:
- 30 April 2026 - the last date on which a landlord can serve a valid Section 21 notice.
- 1 May 2026 - Section 21 is formally abolished. From this date, landlords must use the Section 8 process to regain possession.
- 31 July 2026 - the last date to issue a Section 21 possession claim at court.
If you are considering serving a Section 21 notice, time is running out.
What replaces Section 21?
From May 2026, landlords will need to rely on the Section 8 possession procedure, which requires them to establish a recognised legal ground for possession. The reformed framework includes both existing and new grounds, among them:
Unlike Section 21, Section 8 requires evidence. Landlords will need to demonstrate the relevant ground and, in most cases, provide supporting documentation. Those who have not kept thorough records of their tenancies may find this more challenging than expected.
Changes to tenancy structures
The reforms go further than possession procedures. From May 2026:
In practical terms, this means landlords will have less flexibility to recover their properties at the end of a fixed term and will need to plan further ahead when managing their portfolios.
What should landlords be doing now?
These are significant changes. Landlords and letting agents should be reviewing their existing tenancies and processes before May 2026. In particular, you should consider:
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Whether any current tenancies need to be brought to an end before the Section 21 deadline
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Whether your record-keeping is sufficient to support a Section 8 claim if needed
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How your standard tenancy documentation will need to be updated
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Whether you need legal advice on possession proceedings before the transitional deadlines pass
How Ansons can help
Our property litigation team advises landlords, letting agents, and property investors across the West Midlands and Staffordshire on residential possession proceedings and tenancy disputes.
Whether you need to serve a Section 21 notice before the deadline, understand how the Section 8 grounds apply to your situation, or want a review of your tenancy documentation ahead of the reforms, we can help.
Contact us to speak with a member of our property team.
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This article is for general information only and does not constitute legal advice. If you have a specific query, please contact us directly.