Section 21 Ban: One Month In

What changed in May 2026

Section 21 of the Housing Act 1988 allowed private landlords to evict tenants without giving a reason. It was commonly called a "no-fault" eviction notice. From May 2026, under the Renters' Rights Act 2025, Section 21 no longer exists for private tenants in England. Landlords cannot serve a new Section 21 notice. Any notice served after the Act came into force has no legal effect.

This is the single biggest change to private tenant rights in England in a generation.

What is different one month in

One month is a short time. Court possession cases and formal legal proceedings take months to work through the system, so the full effect of the change will not be visible for some time. That said, some early patterns are clear.

Tenants are raising repair complaints they previously held back. Early reports from advice services suggest that some private tenants who had been aware of problems in their homes, but had not complained for fear of receiving a Section 21 notice, are now coming forward. This was a widely documented effect of Section 21: the fear of eviction acted as a silencer on legitimate complaints. That specific threat has now been removed.

The retaliatory eviction threat looks different now. Before May 2026, a landlord who wanted to remove a tenant after a complaint had a simple, no-questions-asked tool: serve a Section 21, wait two months, apply to court. That route is closed. To evict now, a landlord must use Section 8, which requires a lawful, specified ground for possession.

Section 8 grounds are now the only option. Under Section 8, a landlord must state why they are seeking possession. The main grounds are: serious rent arrears (broadly, two months or more), antisocial behaviour, the landlord or a close family member moving in, or the landlord genuinely selling the property. "The tenant complained about damp" is not on the list and never will be.

What has not changed

The ban on Section 21 is not blanket protection from all eviction.

Landlords can still bring Section 8 possession cases, and some grounds are mandatory. A court must grant possession if the ground is proven, such as two months of unpaid rent. Tenants who fall into arrears remain at genuine risk of eviction.

Tenants facing Section 8 notices still need advice quickly. The grounds matter, the procedure matters, and some notices are invalid on their face. Do not assume a Section 8 notice automatically leads to possession, but do not ignore it either.

Retaliatory eviction is now much harder to disguise

Before the ban, it was straightforward for a landlord to serve a Section 21 notice shortly after a tenant complained, without ever having to say why. Courts rarely questioned the timing. Tenants were left to piece together a retaliatory motive with limited evidence and limited legal options.

Now, if a landlord serves a Section 8 notice shortly after a tenant raises a repair complaint, they must state a lawful ground. If the stated ground does not hold up, the possession claim will fail. The proximity in timing between a complaint and a possession notice will be much harder for a landlord to hide behind.

This does not mean retaliatory possession attempts will stop. Some landlords will try Section 8 routes regardless, citing rent arrears where the arrears are disputed, or claiming they want to sell when the evidence is thin. Tenants who receive a Section 8 notice after making a repair complaint should document the timeline carefully and get advice immediately.

What to do if you are worried about eviction after making a complaint

First, know that making a housing disrepair complaint or bringing a disrepair claim is your legal right. It cannot lawfully be a reason for eviction.

If you receive any eviction notice after making a repair complaint, take these steps:

1. Do not leave the property just because you have received a notice. A notice is not an eviction. Only a court order carried out by a bailiff is an eviction.
2. Get the notice in writing and keep a copy with the date you received it.
3. Note the timeline. When did you first complain about disrepair? When did the notice follow? Write it down.
4. Get advice quickly. Citizens Advice and Shelter (0808 800 4444) both offer free, immediate advice on eviction notices.
5. Read our full guide to retaliatory eviction at /law/retaliatory-eviction.

Get help with disrepair

If your private landlord has not repaired your home within a reasonable time and you want to know whether you have a compensation claim, call Support for Tenants on 0800 030 4669 for a free assessment. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources: Renters' Rights Bill: overview, GOV.UK; Section 21 evictions, Shelter England.

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