What is a Section 21 notice, and is it still legal?

Direct Answer

A Section 21 notice was the legal tool a private landlord could use to end an assured shorthold tenancy without giving any reason. The Renters' Rights Act 2025 has banned Section 21 in England. Any Section 21 notice served on or after the Act's commencement date in May 2026 is invalid. Notices served before commencement remain valid for their original two-month window. To end a tenancy now, a private landlord must use a Section 8 ground that requires a court hearing.

What Section 21 used to be

Section 21 of the Housing Act 1988 gave private landlords a "no fault" eviction route. The landlord could serve a Section 21 notice giving the tenant two months to leave, without having to give any reason. If the tenant did not leave, the landlord applied to the court for a possession order, almost always granted as a matter of routine.

Section 21 became the standard route for ending assured shorthold tenancies because:

• It was procedurally simple
• It did not require evidence of any fault by the tenant
• The court hearing was an "accelerated" possession procedure (often paper-only)
• It defeated almost any defence

For decades, tenant advocates argued that Section 21 enabled retaliatory eviction: a tenant who complained about disrepair would be served a Section 21 notice by way of payback. The 2015 Deregulation Act restricted this for specific cases, but the wider problem persisted.

What the Renters' Rights Act 2025 changed

Two things.

1. Section 21 has been repealed. On commencement, no private landlord in England can serve a Section 21 notice. Any served on or after commencement is invalid and produces no legal effect.

2. Section 8 has been reformed to cover what Section 21 used to do. The Renters Rights Act expanded and reorganised Section 8 grounds for possession. Landlords who legitimately need possession (for sale, for the landlord's own occupation, for a relative to move in, for redevelopment) now have specific Section 8 grounds rather than the catch-all Section 21.

What still works for landlords

Landlords can still seek possession. The route is just different.

Mandatory grounds (the court must grant possession if proved):

• Three months or more in rent arrears at the point of notice and at the hearing (Ground 8)
• The landlord intends to sell the property (Ground 1A in the reformed grounds)
• The landlord or a close family member needs to move in (Ground 1)
• The property is needed for redevelopment under a planning permission (Ground 6)
• Serious anti-social behaviour by the tenant or someone in their household

Discretionary grounds (the court can grant possession but does not have to):

• Persistent late rent payment
• Breach of a tenancy clause
• Damage to the property
• Misrepresentation to obtain the tenancy
• Nuisance or annoyance

Each ground has its own notice period. Most are longer than the old Section 21 two-month window, especially for arrears.

What this means for tenants today

If you receive a Section 21 notice now: Check the date on the notice. If the notice date is on or after the commencement date in May 2026, the notice is invalid. Write to the landlord pointing out that Section 21 has been repealed and ask them to withdraw the notice. Get advice from Shelter England (0808 800 4444) if the landlord disputes it.

If you received a Section 21 notice before commencement: Older notices remain valid for their two-month window. If the window has already expired and the landlord has not applied to court for possession, the notice has lapsed. They cannot extend it.

If you receive a Section 8 notice: The notice must specify the ground or grounds the landlord is relying on. Get advice quickly. The notice period varies by ground but is shorter than the old Section 21 in some cases.

If you are afraid of being evicted for complaining: The Section 21 ban removes the primary retaliatory eviction tool. A landlord cannot use a no-fault route to push you out. Where a landlord serves a Section 8 notice shortly after you complained about disrepair, courts now look more sceptically at the genuineness of the ground.

Section 8, retaliatory eviction, and your right to repair

The combination of:

• Section 21 banned
• Decent Homes Standard extended to PRS
• Awaab's Law extension to PRS coming in 2027

means private tenants who complain about disrepair are now in the strongest legal position they have ever been in. A landlord who responds to a damp complaint with a Section 8 notice on a discretionary ground faces:

• A court that will weigh the disrepair history against the landlord's claimed ground
• An obligation to evidence the discretionary ground with care
• The risk of a Decent Homes Standard or HHSRS enforcement action by the council if the disrepair is serious

The practical effect is that most landlords will think twice before evicting a tenant who has a documented disrepair complaint.

What to do if you are facing eviction

1. Get the notice in writing and date it. Photograph the envelope and the notice itself, including any postmark.
2. Do not move out before the legal date. A notice is a request, not an order. You do not have to leave until the court orders possession after a hearing.
3. Contact Shelter England on 0808 800 4444. Free advice. They can tell you whether the notice is valid.
4. Apply for legal aid if you are eligible. Legal aid is still available for possession defence.
5. File a defence on time. Missing the defence deadline is the most common reason possession claims succeed.

Where Support for Tenants fits

We do not act on possession defences (those are tenancy-law cases for Shelter and legal-aid solicitors). What we do is the disrepair claim that runs alongside, or follows, a possession dispute. Where a landlord has stalled on repairs for years and is now trying to evict, the disrepair claim often becomes a counterclaim or a separate civil action.

Read the Renters' Rights Act 2025 explainer | Free call: 0800 030 4669

Sources

• Section 21, Housing Act 1988 (legislation.gov.uk)
• Renters' Rights Act 2025 (legislation.gov.uk)
• Guide to the Renters' Rights Act (GOV.UK)