Section 21 notices after 1 May 2026
Section 21 notices were previously used to seek no-fault possession without relying on a tenant breach, but this route has now been removed for private rented properties in England from 1 May 2026.
This page is now intended as guidance for landlords who may have already served a Section 21 notice before that date, or who are unsure whether the transitional rules apply to them. If you need current advice on regaining possession after 1 May 2026, the appropriate route will usually be a Section 8 notice, depending on the legal grounds available.
Important Section 21 dates for landlords
Section 21 “no fault” evictions for private rented properties in England were abolished from 1 May 2026. If you did not serve a valid Section 21 notice before that date, Section 21 is no longer the route to possession. Landlords will now generally need to consider a Section 8 “fault” eviction notice instead.
A short transitional window still applies where a valid Section 21 notice was served before 1 May 2026. In those cases, court possession proceedings must be started by the earlier of:
- 6 months from the date the notice was given
- 31 July 2026
If the earliest date possession proceedings can begin under your notice is 1 August 2026 or later, that notice is invalid for the purpose of issuing proceedings.
What Was a Section 21 Notice?
A Section 21 notice was used to seek possession of an assured shorthold tenancy without proving fault. Under the current law for private rented properties in England, Section 21 has been abolished from 1 May 2026.
That means landlords can no longer rely on Section 21 for new possession action after that date unless they fall within the short transitional window for a notice already validly served beforehand. In most current cases, landlords will instead need to consider the Section 8 tenant eviction process.
Can an old Section 21 Notice still be used?
A Section 21 notice served before 1 May 2026 may still be usable, but only within a short transition period. Court proceedings must be issued by the earlier of:
- 6 months from service of the notice
- 31 July 2026
You should also check whether the notice was validly served in the first place and whether the tenancy was eligible for Section 21. The government guidance confirms, for example, that if the earliest date possession proceedings could begin is on or after 1 August 2026, the notice is not valid for issuing possession proceedings.
What landlords should do from 1 May 2026
From 1 May 2026, landlords in England will generally need to rely on a valid possession ground rather than a no-fault notice. That usually means considering a Section 8 notice where there are rent arrears, antisocial behaviour, breach of tenancy or another lawful basis for possession.
Our solicitors can help review your tenancy documents, assess whether any transitional Section 21 position still exists, and advise whether a Section 8 eviction notice is now the correct route.
Why Section 8 is now the main route
For landlords who did not serve a valid Section 21 notice before 1 May 2026, the Section 21 route is no longer available. That is why the focus for most current possession cases should now be on the Section 8 notice process and the legal grounds that support it.
Frequently Asked Questions about Section 21 Notices
Can I still serve a Section 21 notice now?
No, for private rented properties in England, Section 21 was abolished from 1 May 2026. Landlords will generally need to use the Section 8 route instead.
What if I already served a Section 21 notice before 1 May 2026?
You may still be able to rely on it, but court proceedings must be started by the earlier of 6 months from service or 31 July 2026.
What if the notice says possession proceedings start on or after 1 August 2026
The government guidance says that if the earliest date possession proceedings can begin is 1 August 2026 or later, the notice is invalid for issuing proceedings
Contact us about Section 21 changes
If you are unsure whether an older Section 21 notice remains usable, or you need advice on the correct possession route after 1 May 2026, our solicitors can help. We advise landlords on transitional Section 21 issues and, where appropriate, the Section 8 notice process now used to seek possession in England.
As a highly regarded firm, specialising in landlord legal services, we take great pride in delivering the finest legal support to our clients. Our proactive approach and transparent pricing ensures clients are fully informed every step of the way.
Mounteney Solicitors are located in Manchester and across the North West. Based in Stockport. We serve clients across the North, including Liverpool, Preston, Blackburn, Warrington, Sheffield, Leeds, Salford, Sale, Rochdale and Wigan.
Wherever you are in England or Wales, we offer virtual consultations for your convenience, allowing you to still benefit from our expert support.
Contact Mounteney Solicitors today and take the first step towards resolving your section 21 tenant eviction issue. With our expertise and commitment to excellence, you can trust us to guide you through this challenging situation effectively and efficiently.
If you have any questions, require any further information, or would like to engage us (that will be on the T’s & C’s that are linked, “Our Terms”, in the footer, below) please don’t hesitate to Contact Us.
Other Services
Register Lease Extension
Enforcing Possession Order (Warrant for Possession)
Possession Proceedings
