No fault eviction in 2026: the end of Section 21 | August

No fault eviction: what the end of Section 21 means for landlords

No fault eviction has ended in England. Since 1 May 2026, when Section 21 of the Housing Act 1988 was abolished by the Renters' Rights Act 2025, a landlord can no longer end a tenancy simply by giving notice. Every possession now rests on a specific legal ground, proved through the courts under Section 8 of the same Act. This guide explains what changed, the transition rules for any notice served before that date, how possession works now, and the rules on illegal eviction, which carry the heaviest penalties of all.

What a no fault eviction was, and why it has gone

A no fault eviction let a landlord end an assured shorthold tenancy without giving a reason. It rested on Section 21, served on Form 6A with at least two months' notice and, where needed, an accelerated court procedure that usually avoided a hearing. The government abolished it to give tenants greater security and to remove the fear that complaining about conditions might prompt a retaliatory eviction. For a landlord the change is one of mindset: ending a tenancy is no longer a matter of giving notice but of holding, and being able to prove, a recognised ground. Landlords using August consistently tell us the hardest part is not the new process itself but unlearning the habit of treating notice as the lever; the lever now is evidence.

What changed on 1 May 2026

Three things changed together. Section 21 ended, so Section 8 became the only route to possession. Fixed terms were abolished and every assured shorthold tenancy became a periodic assured tenancy, rolling month to month. And the Section 8 grounds themselves were revised, with longer notice periods on the major grounds and a higher rent arrears threshold. The mechanics sit in the companion guides below, but the headline is plain: possession is now slower, evidence-led and unforgiving of procedural error. These changes are one strand of the wider tenancy reforms under the Renters' Rights Act, which reshaped the system on the same day.

The transition: notices served before 1 May 2026

A Section 21 notice served before 1 May 2026 remains valid, but only within a firm window. The tenancy stays an assured shorthold tenancy until proceedings conclude, and you must ask the court to issue possession proceedings on or before 31 July 2026. Miss that backstop and the notice lapses, leaving Section 8 as the only remaining route. The same approach applies to a Section 8 notice served before commencement.

The 31 July 2026 backstop is the binding date for almost every pending Section 21 claim, reflecting the rule that proceedings must begin within the earlier of six months from service or three months from commencement. If you hold a pre-commencement notice you have not yet acted on, that is the date to diarise.

How possession works now

With no fault eviction gone, possession runs through Section 8, and the detail sits in four companion guides. Every possession now rests on a specific legal ground, mandatory or discretionary, each with its own notice period and evidence requirements. Each ground is set out in a notice served on the current prescribed form, and serving a Section 8 notice correctly is a process in its own right. The claim then runs through the courts, and how long eviction now takesis considerably longer than the route it replaced, because the accelerated procedure has gone. Rent arrears remain the most common reason for possession and carry their own grounds and a route to recover the debt, set out in the guide to evicting a tenant for rent arrears.

Illegal eviction: the line you must not cross

The costliest mistake a landlord can make is to take possession into their own hands. Recovering a property by any route other than the court process is illegal eviction, and it is far more serious than a failed possession claim. Changing the locks while a tenant is out, removing their belongings, cutting off utilities or pressuring them to leave are all offences, whether done deliberately or because a notice has expired and patience has run out. Only county court bailiffs, acting on a warrant, may remove a tenant.

Unlawful eviction and harassment are criminal offences under the Protection from Eviction Act 1977, carrying up to six months' imprisonment in the magistrates' court and up to two years and an unlimited fine in the Crown Court. The Renters' Rights Act added a civil route on top: a local authority can impose a penalty of up to £40,000 as an alternative to prosecution, and a tenant or the authority can seek a rent repayment order of up to two years' rent, on top of any damages a court awards. The lesson is simple. However long the lawful process takes, it is always cheaper than the alternative.

What to do now: adapting to grounds-based possession

Because possession now turns on proving a ground, the work that protects a landlord happens long before any notice is served. Front-loaded referencing matters more than ever, since a reliable tenant is the best defence against ever needing the courts, and accepting a weak applicant to avoid a void can cost far more in a drawn-out claim. Records matter more too: a clean rent ledger, protected deposits, in-date safety certificates and a clear trail of correspondence are the evidence a court expects. In our experience supporting self-managing landlords through this transition, the claims that stall are almost always the ones where the paperwork was scattered across email, paper and memory, so it pays to keep the evidence for a possession claim in one place from the start. Beyond that the principles are unchanged: serve the right notice correctly, act promptly once a ground is met, and treat the tenancy as a long-term business relationship, because the tenancies that never reach court are the ones managed well from the first day.

Frequently asked questions

Can I still use a Section 21 notice in 2026? 

No new Section 21 notice could be served on or after 1 May 2026, and the last day to serve one was 30 April 2026. If you served a valid notice before then and the tenant has not left, you must issue court proceedings on or before 31 July 2026 or the notice lapses.

Does Section 21 still exist? 

No. Section 21 of the Housing Act 1988 was abolished in England on 1 May 2026. Every possession now requires a recognised ground under Section 8, served by notice and, if the tenant does not leave, proved at a court hearing.

What if my tenant will not leave after a Section 21 notice? 

A notice does not by itself remove anyone. If a tenant stays past a valid pre-commencement Section 21 notice, you apply to the court for a possession order and, if needed, a warrant for county court bailiffs to carry out the eviction. Taking matters into your own hands is illegal eviction. Keep the 31 July 2026 deadline in mind for issuing proceedings on any such notice.

Do I need to send my tenants anything because of the change? 

Yes. You must give every existing tenant the government's Renters' Rights Act information sheet by 31 May 2026, with a civil penalty of up to £7,000 for missing the deadline. If you want your records and compliance in order before then, you can start for free.

Key takeaways

No fault eviction ended in England on 1 May 2026 and is not returning. Possession now runs through Section 8 on a proven ground, takes longer, and demands evidence kept from the start of the tenancy. Any notice served before commencement must reach court by 31 July 2026. Above all, never recover a property outside the court process, because illegal eviction is the one mistake whose cost dwarfs the inconvenience of the lawful route.

This article is general information, not legal advice. Take independent advice on your circumstances before acting.