Section 21 is gone: how to actually end a tenancy in 2026

This guide is for landlords in England who need to end a tenancy now that Section 21 has been abolished. It covers the transition deadlines for old notices, the Section 8 grounds that actually matter to a small landlord, the evidence courts expect, and the traps that can sink your case before it starts. If you have not caught up on the wider reforms yet, start with the Renters' Rights Act guide.

What changed on 1 May 2026

The Renters' Rights Act 2025 came into force for the private rented sector on 1 May 2026. From that date, every assured shorthold tenancy in England converted to a periodic assured tenancy, and Section 21 (the "no-fault" notice) was abolished for new notices. You can no longer serve one. Serving one anyway does nothing legally, and misusing the possession process can now trigger civil penalties of up to £7,000, rising to £40,000 or prosecution for serious or repeat offences.

To end a tenancy now, you need a Section 8 notice citing a legal ground, and if the tenant does not leave, a court order. That is the whole system.

If you served a Section 21 before 1 May 2026

Old notices got a short stay of execution, and the clock is brutal. Under Schedule 6 of the Act, a Section 21 notice served before 1 May 2026 can still be used, but only if you request the court to issue your possession claim by the earlier of:

• the end of the notice's normal six-month lifespan, or
• 31 July 2026, which is three months after commencement and the absolute long-stop date.

Miss whichever comes first and the notice dies. Example: a notice served on 20 December 2025 expired as a route to court in June 2026, before the long-stop. A notice served on 25 April 2026 runs to 31 July 2026, not late October. If you are reading this in July 2026 with a live notice, the deadline is days away, not months. After that, you start again under Section 8.

The grounds that matter to a small landlord

There are dozens of grounds, but four do most of the work. All figures below are as published in the government's guide to the Act.

Ground 8, rent arrears

The threshold rose from two months to three months of arrears (13 weeks where rent is paid weekly or fortnightly). The arrears must exist on the day you serve the notice and on the day of the hearing. If the tenant pays down even part of it before the hearing and drops below three months owed, the mandatory ground fails, even if they immediately stop paying again. Notice period is four weeks. On monthly rent of £900, that means £2,700 or more owed at both checkpoints.

The discretionary arrears grounds (10 and 11) still exist for persistent late payment, but the judge decides whether eviction is reasonable, so treat them as backup arguments, not your main case.

Grounds 1 and 1A, moving in or selling

Both need four months' notice, and neither can be used during the first 12 months of a tenancy. So a tenant who moved in on 1 June 2026 cannot be required to leave under these grounds before roughly October 2027 at the earliest, once you add the notice period to the protected period.

The sting is the re-let ban. Use the moving-in or selling ground and you cannot market or re-let the property for 12 months. Knowingly or recklessly misusing a possession ground is an offence, opens you up to those civil penalties, and lets the tenant claim a rent repayment order, which the Act doubled to a maximum of 24 months' rent. Evicting to "sell", then quietly re-letting at a higher rent, is exactly the behaviour the Act was written to catch.

Ground 14, antisocial behaviour

The one fast route. No notice period: you can start proceedings immediately. But it is discretionary, so the judge weighs whether eviction is reasonable. Without solid evidence it goes nowhere.

The deposit trap

Here is the precondition that catches more landlords than anything else: if the tenant's deposit is not properly protected in a government-approved scheme, the court cannot make a possession order. The only exception is the antisocial behaviour grounds (7A and 14). So a cast-iron Ground 8 arrears case collapses at the hearing if the deposit paperwork is wrong. Fix the deposit position (protect it or return it) before you serve notice, not after. Run your setup through the compliance checker first.

Evidence courts expect

Judges now see every possession case, so paperwork wins or loses them:

• Arrears: a full rent statement showing every payment due and received, the tenancy agreement, and copies of your arrears letters. Courts expect you to have tried to resolve it before serving notice.
• Moving in or selling: proof of genuine intent. Estate agent instruction, a memorandum of sale, solicitor correspondence, or evidence of your own housing situation. A bare assertion invites a misuse finding later.
• Antisocial behaviour: an incident log with dates and times, witness statements from neighbours, police reference numbers, council complaint records. Discretionary grounds live or die on this.
• Everything: proof of service of the notice, deposit protection certificate, gas safety and EPC records. Bring the boring file.

How long it really takes

Ministry of Justice figures for January to March 2026 put the median time from possession claim to repossession at 26.4 weeks, about six months, and that is after your notice period ends. A realistic Ground 8 case runs: three months waiting for arrears to hit the threshold, four weeks' notice, then roughly six months of court and bailiff process. Call it nine to twelve months from first missed payment to keys back, and budget for the lost rent and legal costs accordingly.

What NOT to do

Do not change the locks, cut off the electricity, remove the tenant's belongings, or "persuade" them out with pressure. Illegal eviction and harassment are criminal offences under the Protection from Eviction Act 1977, punishable by an unlimited fine and up to two years' imprisonment, plus civil damages and a possible banning order. There is no arrears figure, no tenant behaviour, that makes self-help eviction legal. If the tenant stays past the possession order date, only bailiffs or High Court enforcement officers acting under a court warrant or writ can physically remove them.

Mistakes people make

• Sitting on a pre-May Section 21 notice. The 31 July 2026 long-stop (or the notice's own six-month expiry, if sooner) is a hard deadline. Lapsed means starting over.
• Serving Ground 8 at exactly three months of arrears. One part-payment before the hearing kills the mandatory ground. Wait for a buffer, and plead grounds 10 and 11 alongside.
• Ignoring the deposit before serving notice. Unprotected deposit means no possession order, except on antisocial behaviour grounds.
• Using Ground 1A casually. The 12-month re-let ban is real, and misuse risks penalties and a rent repayment order of up to 24 months' rent.
• Under-budgeting the timeline. Six months median court time is the current reality. Keep a cash buffer, as covered in the Renters' Rights Act guide.

Sources: gov.uk, Guide to the Renters' Rights Act, gov.uk, Implementing the Renters' Rights Act 2025 roadmap, legislation.gov.uk, Renters' Rights Act 2025 Schedule 6, legislation.gov.uk, Protection from Eviction Act 1977 section 1, gov.uk, Mortgage and landlord possession statistics January to March 2026

Education, not financial advice. For mortgage advice, speak to an FCA-authorised broker.