Section 21 vs Section 8: What Changed Since Section 21 Was Abolished

For decades, landlords in England had two routes to ending a tenancy: Section 21 and Section 8. That changed on 1 May 2026, when the Renters' Rights Act 2025 abolished Section 21 "no fault" notices entirely. Here's how the old system worked, what replaced it, and which route landlords now have to use.

Section 21 no longer exists

Since 1 May 2026, landlords in England can no longer serve a Section 21 notice. Every assured shorthold tenancy running on that date automatically became a rolling periodic assured tenancy, and the prescribed Form 6A can no longer be used to start possession proceedings. If you're researching Section 21 because you've seen it mentioned in older guidance, templates or forum posts, treat anything describing it as still usable as out of date.

How Section 21 used to work

Before the reform, a Section 21 notice let a landlord end an assured shorthold tenancy without giving any reason - hence "no fault." It required the prescribed Form 6A, a minimum of 2 months' notice, and a set of legal prerequisites (deposit protection, an up-to-date gas safety certificate, EPC and "How to Rent" guide) that, if missing, could invalidate the notice regardless of the notice period given.

How Section 8 used to differ, and what's changed

Section 8 has always required the landlord to state a specific legal ground from Schedule 2 of the Housing Act 1988 and be prepared to prove it in court - unlike Section 21, it was never "no fault." What's changed since 1 May 2026 is the detail:

• New grounds for landlords with no tenant fault: Ground 1 (landlord intends to sell) and Ground 1A (landlord or a close family member intends to move in) were introduced to cover the situations Section 21 used to be used for. Both require at least 4 months' notice and generally cannot be used within the first 12 months of a tenancy.
• Longer notice for rent arrears: the minimum notice period for the arrears grounds (8, 10 and 11) increased to at least 4 weeks, up from 2 weeks.
• Higher arrears threshold: the mandatory Ground 8 threshold rose to 3 months' unpaid rent (13 weeks if paid weekly or fortnightly), making it harder to reach the level required for a mandatory possession order.

Section 8 still requires the tenant's ground to be proven or admitted in court if they don't leave voluntarily - that part hasn't changed.

What this means if you're a landlord today

There is now only one route to possession: a Section 8 notice, on a ground that fits your actual situation. If you want the property back to sell or move into it yourself, use Ground 1 or 1A. If it's about unpaid rent, use Grounds 8, 10 and/or 11. Whatever the ground, the notice period, evidence and prescribed Form 3 wording all need to match the current rules - a notice copied from pre-2026 guidance is very likely to use the wrong notice period or an abolished ground.

What this means if you're a tenant today

If your original tenancy had a fixed term, it's now a periodic (rolling) tenancy, and your landlord cannot end it with a "no fault" Section 21 notice. Any notice you receive must be a Section 8 notice stating a specific ground. Check the ground and notice period given against the current GOV.UK guidance, and contact Citizens Advice or Shelter if anything looks wrong before you consider it valid.

A ready-to-use Section 8 notice template, reflecting the current grounds and notice periods, is available here: Section 8 notice template.