Section 21 of the Housing Act 1988 has underpinned private renting in England for almost 40 years. It allowed landlords to end assured shorthold tenancies with two months’ notice, without needing to state a reason or prove anything at court. The convenience was the point; the absence of accountability was the criticism.
From 1 May 2026, under the Renters’ Rights Act 2024, Section 21 is abolished. Landlords will need specific grounds, supporting evidence, and in many cases longer notice periods to end a tenancy.
This is what replaces it.
Section 21 vs. the new framework — at a glance
| Section 21 (pre-May 2026) | Post-RRA possession | |
|---|---|---|
| Reason required | No | Yes — specific ground |
| Notice period | 2 months | 2–4 months depending on ground |
| Court hearing | Accelerated possession, usually no hearing | Often a full hearing required |
| Evidence burden | Tenancy deposit protected, valid EPC, gas safety | Evidence for the specific ground claimed |
| Tenant challenge | Limited | Broader grounds to contest |
The new possession grounds
Possession now runs exclusively through Section 8 of the Housing Act 1988 (as amended). The major grounds landlords will use:
Ground 1 — Landlord moving in
The landlord (or close family member) wants to occupy the property as a principal home. Requires four months’ notice. Evidence of genuine intent to move in is expected; failure to do so can lead to a rent repayment order.
Ground 1A — Landlord selling (new)
Introduced by the Renters’ Rights Act specifically. The landlord intends to sell the property. Requires four months’ notice. Cannot be used in the first 12 months of a tenancy. Evidence of genuine sale intention expected — typically an instruction to a conveyancer or estate agent.
Ground 2 — Mortgage lender repossessing
The mortgage lender is repossessing and requires vacant possession. Two months’ notice. Evidence of the lender’s position required.
Ground 4A — Student let cycling
Purpose-built student accommodation ending a tenancy in line with the academic year. Specific to qualifying student lets.
Ground 8 — Serious rent arrears
Eight weeks (or two months) of unpaid rent at the time of notice and at the time of hearing. Two weeks’ notice. Mandatory ground — court must order possession if proven.
Grounds 10, 11, 12 — Other rent-based
Persistent late payment, rent arrears under two months but building a pattern, breach of tenancy obligations. Discretionary grounds — court weighs circumstances.
Ground 14 — Anti-social behaviour
Conduct causing nuisance or harassment. Can be used with immediate notice in serious cases.
Notice periods and timelines
The replacement framework roughly doubles the realistic time from “decision to end tenancy” to “vacant property”:
- Ground 1A (selling): 4 months’ notice + court time if contested = 5–9 months
- Ground 1 (moving in): 4 months + court time = 5–9 months
- Ground 8 (arrears): 2 weeks’ notice + court time = 8–16 weeks
- Ground 14 (ASB): immediate notice + court time = 6–14 weeks
Post-May 2026, “I want possession within 10 weeks” is no longer a realistic expectation absent serious arrears or anti-social behaviour.
Evidence requirements
Unlike Section 21, grounds-based possession requires the landlord to prove the claimed ground. Practically:
- Ground 1A (selling): estate agent instruction, marketing listing, or a buyer’s offer letter typically suffices. A cash buyer’s written offer also works. Simply asserting an intent to sell is not enough.
- Ground 1 (moving in): harder to evidence before the fact. Post-hoc scrutiny matters — courts and tribunals can penalise landlords who claim to be moving in and don’t.
- Rent arrears: rent schedule, bank statements, tenancy ledger.
- ASB: police reports, neighbour statements, local authority complaints.
What if I serve Section 21 before May 2026?
Section 21 notices validly served before commencement remain valid and can proceed through the existing accelerated possession route — even if the court hearing or possession date falls after 1 May 2026. This has created a well-publicised surge of Section 21 serves in the months before commencement.
If you’re considering serving notice, do so with proper legal advice — an invalid Section 21 (deposit not protected, prescribed information not served, EPC not provided, gas safety not provided) is unenforceable regardless of timing.
If you want to sell: cash buyer vs. vacant possession
Post-RRA, landlords selling have a meaningful choice:
- Serve notice (Ground 1A), wait 4+ months, then market with vacant possession. Fuller price, longer timeline, and you need evidence the sale is genuine (Ground 1A cannot be used as a pretext).
- Sell with tenants in situ. No notice required; tenancy transfers to new landlord; complete in 7 days. Price typically 78–90% of vacant-possession value, but no carrying costs and no contested possession.
For landlords whose main motivation is exiting the market, option 2 is usually the more rational choice once the carrying costs and possession risks are priced in. See landlord exit options compared for the detailed maths.
Related
- The Renters’ Rights Act 2026: Landlord’s Exit Guide
- Section 24 tax and the landlord exit decision
- Sell a tenanted property — the alternative to serving notice
Selling your rental property with tenants in situ
If you’d rather skip the possession process entirely and sell with tenants in place, share the postcode and a short note on the current tenancy. We’ll come back within 24 hours with a written offer.