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

In short

A Section 21 notice was the tool a private landlord used to end an assured shorthold tenancy without giving a reason. The Renters' Rights Act 2025 banned it in England. Any Section 21 notice served on or after 1 May 2026 is invalid. Notices served before then stay valid for their original two-month window. To end a tenancy now, a landlord must use a Section 8 ground, which means a court hearing.

What Section 21 used to be

Section 21 of the Housing Act 1988 gave landlords a "no fault" route. A notice gave the tenant two months to leave, no reason needed. If the tenant stayed, the landlord asked the court for a possession order, granted almost as routine.

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

• The procedure was simple
• No fault by the tenant needed proving
• The court stage was an "accelerated" procedure, often paper-only
• It beat almost any defence

For decades tenant advocates argued Section 21 powered revenge eviction: complain about disrepair, get served a notice as payback. The 2015 Deregulation Act narrowed this in set cases, but the wider problem stayed.

What the Renters' Rights Act 2025 changed

Two things.

1. Section 21 is repealed. Since 1 May 2026 no private landlord in England can serve one. Any served on or after that date is invalid and has no legal effect.

2. Section 8 was reworked to cover what Section 21 used to do. The Act expanded and reorganised the possession grounds. A landlord with a genuine need, to sell, to move in, for a relative, for redevelopment, now has a specific ground instead of the old catch-all.

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 carries its own notice period. Most run longer than the old two-month window.

What this means for tenants today

A Section 21 notice arriving now: check its date. On or after 1 May 2026 means invalid. Write to the landlord, point out the repeal, and ask them to withdraw it. If they argue, get advice from Shelter (0808 800 4444).

A notice served before 1 May 2026: it stays valid for its two-month window. If the window passed and the landlord never applied to court, the notice has lapsed, and it cannot be stretched.

A Section 8 notice: it must name the ground or grounds relied on. Get advice quickly. Notice periods vary by ground, and some run shorter than the old Section 21.

Afraid of eviction for complaining: the ban removed the main revenge-eviction tool. No landlord can push you out by a no-fault route. A Section 8 notice landing soon after a disrepair complaint now draws real court scepticism about whether the ground is genuine.

Section 8, retaliatory eviction, and your right to repair

The combination of:

• Section 21 banned
• The Decent Homes Standard on its way to private renting (the power exists; the start date is being confirmed)
• Awaab's Law heading to private renting too, on a timetable still to be confirmed

means private tenants who complain about disrepair hold the strongest legal position they have ever had. A landlord answering a damp complaint with a discretionary-ground Section 8 notice faces:

• A court weighing the disrepair history against the claimed ground
• A duty to evidence the ground with care
• The risk of council HHSRS enforcement where the disrepair is serious

In practice, most landlords think twice before evicting a tenant with 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, postmark included.
2. Do not move out before the legal date. A notice is a request, not an order. You leave when a court orders possession, not before.
3. Call Shelter on 0808 800 4444. Free advice on whether the notice is valid.
4. Apply for legal aid if you qualify. It still covers possession defence.
5. File your defence on time. Missed deadlines are the top 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. Our work is the disrepair claim running beside, or after, a possession dispute. Where a landlord stalled on repairs for years and now wants you out, the disrepair claim often becomes a counterclaim, or its own 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)