UK Section 21 Abolition: What Landlords Need to Know Under RRA 2025

From 1 May 2026, Section 21 of the Housing Act 1988 — the “no-fault eviction” notice that has structured the private rented sector in England since 1989 — is repealed. The Renters’ Rights Act 2025 (RRA 2025) ends fixed-term assured shorthold tenancies, abolishes Section 21, and reforms the Schedule 2 grounds for possession. This deep-dive explains what is changing, what landlords must do, and how the new Assured Periodic Tenancy (APT) regime works.

The One-Sentence Summary

From 1 May 2026, no Section 21 notice may be served, no Section 21 notice served on or after that date is valid, and a landlord can recover possession of an APT only by serving a Section 8 notice citing one or more of the 37 grounds in the revised Schedule 2 to the Housing Act 1988.

The Statutory Background

What Section 21 Was

Under the Housing Act 1988, section 21 allowed a landlord of an assured shorthold tenancy (AST) to serve a notice giving the tenant at least 2 months to leave, without giving any reason. Once the notice expired, the landlord could apply to the County Court for a possession order, which the court was required to grant if the notice was valid. This “no-fault” route was the bedrock of buy-to-let lending and the routine end-of-fixed-term recovery of possession.

What the RRA 2025 Does

The Renters’ Rights Act 2025 (c.26), available at https://www.legislation.gov.uk/ukpga/2025/26/contents, makes three core changes:

1. Section 1 — abolishes fixed-term assured shorthold tenancies; all tenancies are Assured Periodic Tenancies (APTs)
2. Section 2 — repeals Section 21 of the Housing Act 1988
3. Section 8 + Schedule 2 — reforms the Section 8 grounds for possession (37 grounds, revised)

Substantive provisions commence on 1 May 2026.

Government implementation hub: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026.

What Changes for Landlords on 1 May 2026

1. Existing ASTs Convert Automatically

On 1 May 2026, almost all existing assured and assured shorthold tenancies convert automatically to APTs. The fixed term, if any, ends; Section 21 ceases to be available; and the new tenant rights apply.

Exception: A tenancy will not convert if a valid Section 21 or Section 8 notice was served before 1 May 2026 and possession proceedings have not yet concluded. In those cases, the tenancy remains an AST until proceedings conclude.

2. The Mandatory Information Sheet

Between 1 May 2026 and 31 May 2026, every existing landlord must give every named tenant a written Information Sheet explaining the new APT regime and the tenant’s rights. The form is published by Government:

• The Renters’ Rights Act Information Sheet 2026: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026

Failure to serve the Information Sheet during the transition window does not invalidate the tenancy but is a breach the landlord cannot remedy retroactively for the purposes of certain Section 8 grounds.

3. No More Fixed Terms

From 1 May 2026, the period of an APT cannot be longer than one month. A 12-month fixed term is no longer a thing for new lettings. Tenants may stay as long as they wish (subject to Section 8 grounds for possession), and may end the tenancy at any time on two months’ written notice.

4. No More Section 21

Section 21 is repealed. No “no-fault” route to possession. Possession is available only via Section 8 grounds, proven in court.

5. Reformed Schedule 2 Grounds

The Schedule 2 grounds have been comprehensively revised. There are now 37 specified grounds, both mandatory (the court must grant possession if proven) and discretionary (the court may grant possession if reasonable).

The Replacement — Section 8 Grounds (Schedule 2)

Mandatory Grounds (Court Must Order Possession)

Discretionary Grounds (Court May Order Possession)

The full revised Schedule 2 is at https://www.legislation.gov.uk/ukpga/1988/50/schedule/2.

Critical Differences from the Old Regime

Rent Arrears Threshold Increased

Under the old regime, mandatory possession on Ground 8 required 2 months of rent arrears (or 8 weeks if rent paid weekly/fortnightly). Under the RRA 2025, the threshold is 3 months (or 13 weeks). This is a meaningful change — landlords must wait longer before serving a Section 8 notice on rent grounds.

Sale Ground (Ground 1A) — New Restrictions

The new sale ground (Ground 1A) cannot be used in the first 12 months of a tenancy. After possession is recovered on Ground 1A, the landlord cannot re-let or re-market the property for 12 months. This is an explicit anti-abuse provision to prevent “fake sale” possessions.

Extended Notice Periods

Notice periods for major grounds (1, 1A, 2, 6) are now 4 months, materially longer than the old 2-month Section 21 period. Practical effect: even a fully compliant Ground 1A possession takes 4+ months from notice to court order to bailiff execution.

Practical Workflow — Possession Under RRA 2025

For a landlord who wants vacant possession after 1 May 2026:

Step 1 — Identify a Ground

Match the situation to one of the 37 Schedule 2 grounds. The most common in practice: Ground 1 (move-in), Ground 1A (sale), Ground 6 (redevelopment), Ground 8/10/11 (rent), Ground 14 (anti-social).

Step 2 — Check Eligibility

Some grounds have specific pre-conditions:

• Ground 1A: tenancy must be at least 12 months old; no re-letting for 12 months after
• Ground 8: 3+ months arrears at notice and at hearing
• Many grounds: deposit must be properly protected

Step 3 — Serve a Section 8 Notice (form notice)

Use the prescribed form, citing the ground(s), with the correct notice period. The form is downloadable from gov.uk.

Step 4 — Wait Out the Notice Period

4 weeks (rent grounds) to 4 months (Ground 1, 1A, 2, 6). The tenant may leave; if not, proceed.

Step 5 — Apply to County Court

File a possession claim under the Civil Procedure Rules. The County Court fee is £355 (subject to update). Online claim: https://www.gov.uk/possession-claim-online-recover-property.

Step 6 — Court Hearing

Mandatory grounds: court must grant possession if proven. Discretionary grounds: court grants if “reasonable” considering all circumstances.

Step 7 — Possession Order

If granted, possession order issued, typically with 14 days for tenant to vacate. Extension to 6 weeks possible in exceptional circumstances.

Step 8 — Warrant of Possession (if needed)

If tenant does not leave, landlord applies for a warrant of possession. County Court bailiffs execute the warrant.

Total realistic timeline: 6–9 months for routine cases; longer for contested cases.

What Landlords Must Do Now

For Existing Landlords

1. Diary the Information Sheet window — between 1 May and 31 May 2026, serve every existing tenant with the Information Sheet
2. Update tenancy templates — any new lettings on or after 1 May 2026 must use APT-compliant templates, not AST templates
3. Re-train any lettings agents — agents using stationer-shop AST templates risk serving void documents
4. Recalculate timeline expectations — the 4-month notice period on Ground 1A and the 3-month rent arrears threshold change planning materially

For New Lettings From 1 May 2026

1. Use only an APT-compliant tenancy agreement
2. No fixed term, no Section 21 references
3. No contractual rent escalator (Section 13 only)
4. Pet clause compliant with new statutory right
5. Pre-tenancy pack (How to Rent guide, EPC, Gas Safety, EICR, smoke/CO declaration)

Common Mistakes — Gyoseishoshi View

1. Using a stationer’s AST template after 1 May 2026. Many high-street stationers continue to sell AST templates by inertia. Using one for a post-1 May 2026 letting produces a non-compliant document.

2. Trying to serve Section 21 in late April 2026 to “beat the deadline”. The notice period itself extends past 1 May 2026 in most cases; once 1 May 2026 hits, the notice may not be enforceable. In practice, the courts will treat valid pre-1 May 2026 notices as preserved if proceedings have started — but only if proceedings have actually started.

3. Believing pets must always be allowed. Not so. Tenants have a statutory right to request; landlords cannot unreasonably refuse. Refusing on legitimate grounds (e.g. head-lease prohibition; unsuitability of the property) is permitted. Document the reason.

4. Forgetting the 12-month no-re-let rule on Ground 1A. A landlord who recovers possession on Ground 1A “to sell” but then re-lets within 12 months is in breach and exposed to RRO and damages claims.

5. Assuming the 3-month rent arrears threshold is a maximum. It is the minimum for the mandatory ground; landlords often start the discretionary route earlier (Ground 10/11), which has a 4-week notice but requires the court to find it “reasonable”.

Conclusion

Section 21 abolition is the single biggest change to English residential tenancies since the Housing Act 1988. Landlords who plan ahead — updating templates, scheduling Information Sheet service, recalibrating timelines for the 4-month notice periods — will navigate the transition smoothly. Those relying on old practices and old templates will find their tenancy documents void, their possession routes blocked, and their compliance strategy non-functional from 1 May 2026.

Create your UK tenancy documents with Scrib🐮

Skip the paperwork. Generate your UK APT-compliant tenancy agreement in minutes.

Answer questions, get government-compliant documents instantly. From ¥22,000/month pass for unlimited access to all 18 document types across 7 countries.

Start Free Preview →

Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, or attorneys.

Sources

1. Renters’ Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/26/contents
2. Housing Act 1988 — Schedule 2 (grounds for possession): https://www.legislation.gov.uk/ukpga/1988/50/schedule/2
3. Renters’ Rights Act Information Sheet 2026: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
4. Possession claim online: https://www.gov.uk/possession-claim-online-recover-property
5. Eviction notices from landlords: https://www.gov.uk/eviction-notices-from-landlords