Key Takeaways
- Section 21 notices will be abolished in England on 1 May 2026. No new notices can be served after 30 April 2026.
- Any Section 21 notice already served must be followed by a court possession claim issued by 31 July 2026, or the notice expires automatically.
- After 1 May 2026, landlords must use Section 8 and cite specific legal grounds to recover possession.
- Court backlogs of 4 to 6 weeks mean landlords with active cases need to act before early July at the latest.
⚠️ This article was written in late April 2026. Section 21 notices will be abolished in England on 1 May 2026. If you are a landlord considering serving a Section 21 notice, you have a matter of days to act. If you have already served one, you need to know the court deadline that follows.
This article explains what Section 21 notices are, what the Renters’ Rights Act 2025 changes and what landlords need to do right now. Our landlord and tenant solicitors at Osbourne Pinner offer a free 30-minute consultation and can advise on your specific situation.
What Is a Section 21 Notice?
A Section 21 notice, provided under section 21 of the Housing Act 1988, allows a landlord to end an assured shorthold tenancy without needing to give any reason. This has made it the most commonly used route to possession in the private rented sector. Landlords do not need to prove fault on the tenant’s part. They simply serve the notice, wait for it to expire and, if the tenant does not leave, apply to court.
For a Section 21 notice to be valid, a number of conditions must be met. The landlord must have protected the tenant’s deposit in an approved scheme and provided the prescribed information. The tenant must have been given a current gas safety certificate, an Energy Performance Certificate and the government’s How to Rent guide. If any of these are missing, the notice is invalid and cannot be used to start possession proceedings.
The Abolition Date: What Is Happening on 1 May 2026?
The Renters’ Rights Act 2025 will come into force on 1 May 2026. From that date, it will no longer be lawful to serve a new Section 21 notice. The last date on which a valid Section 21 notice can be served is 30 April 2026.
This represents the most significant change to residential landlord and tenant law in England for over 30 years. After 1 May, landlords who want to recover possession will need to rely on Section 8 and prove one or more of the specified grounds.
The July 2026 Deadline: What Landlords With Active Notices Must Know
Serving a Section 21 notice before 30 April 2026 is not enough on its own. The Renters’ Rights Act also sets a cut-off for starting court proceedings. Any landlord who has served a valid Section 21 notice must issue their court possession claim by 31 July 2026.
The court must issue the claim by that date, not simply receive it. This distinction matters. Family courts and possession courts are currently experiencing backlogs of 4 to 6 weeks. A claim submitted in late July may not be issued until September, which would be too late.
Osbourne Pinner’s advice to landlords with active Section 21 cases: if you intend to pursue possession through the court, aim to have your claim submitted well before 1 July 2026. This gives time for the court to issue within the statutory deadline even if there are processing delays.
What Replaces Section 21 After 1 May?
After abolition, landlords must rely on Section 8 of the Housing Act 1988. Section 8 requires the landlord to cite one or more specific grounds for possession. The Renters’ Rights Act introduced new grounds and changed the notice periods required for existing ones.
The key new grounds include:
- Ground 1A – Intention to sell. A new mandatory ground allowing landlords to recover possession if they intend to sell the property, subject to 4 months’ notice and the tenancy having run for at least one year.
- Ground 1 – Landlord or family member wishes to move in. Extended under the new Act to include close family members such as children. Again, 4 months’ notice is required and the ground cannot be used in the first year of the tenancy.
- Rent arrears (Ground 8). The threshold for mandatory possession on arrears grounds has increased from 2 months to 3 months. The arrears must exist both at the time of the notice and at the possession hearing.
From 1 May, courts will also refuse to grant possession under any Section 8 ground (other than anti-social behaviour grounds) unless the landlord has properly protected the tenant’s deposit.
See also: Section 8 vs Section 21: What Is the Difference?
What About Fixed-Term Tenancies?
The Renters’ Rights Act also abolishes fixed-term assured shorthold tenancies from 1 May 2026. All tenancies will become rolling periodic tenancies. This means the traditional model of a 6-month or 12-month fixed term followed by a rolling period no longer applies to new tenancies from that date.
What Should Landlords Do Right Now?
If you have already served a Section 21 notice and want to proceed with possession, the priority is getting your court claim issued before early July 2026. Do not wait until the statutory deadline of 31 July.
If you have not yet served a Section 21 notice but believe you may need to end a tenancy in the coming months, speak to a solicitor immediately. The window to serve a valid notice closes on 30 April 2026.
If your situation arises after 1 May 2026, you will need to use Section 8. Understanding which grounds apply to your situation and what notice periods are required is essential before serving any notice.
Related: Possession Proceedings for Private Landlords
Speak to a Landlord and Tenant Solicitor about Section 21
The window to serve a valid Section 21 notice closes on 30 April 2026. If you have an active notice and need to issue court proceedings, the July deadline is approaching faster than it may appear given current court backlogs. Acting without proper legal advice at this stage risks missing statutory deadlines that cannot be extended.
At Osbourne Pinner, our landlord and tenant solicitors are advising landlords through the transition to the new regime. We can check whether your existing notice is valid, issue possession proceedings on your behalf and advise on Section 8 grounds for any future cases after 1 May.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
