The Renters' Rights Act abolished Section 21 "no-fault" evictions from 1 May 2026, ending the mechanism landlords had relied on for decades to regain possession without giving a reason. This guide covers the transition deadlines, the mandatory versus discretionary ground distinction, the specific grounds landlords rely on most, and the single compliance trap that can defeat a possession claim regardless of which ground is used.
Figures below reflect the Renters' Rights Act 2025's Schedule 1 grounds and government implementation guidance, current to mid-2026. This is general education, not legal advice; a specific possession case should be reviewed by a solicitor, since notice periods and evidence requirements are genuinely ground-specific.
1. The transition: key dates
| Date | What happened |
|---|---|
| 30 April 2026, 4:30pm | Last possible moment to serve a valid Section 21 notice |
| 1 May 2026 | Section 21 abolished; all existing and new tenancies automatically became assured periodic tenancies |
| 31 May 2026 | Deadline for landlords to give tenants the government's Renters' Rights Act information sheet |
| 31 July 2026 | Final date for landlords to apply to the courts for possession under a Section 21 notice served before the cut-off; Section 21 notices are not valid for any purpose after this date |
2. Mandatory versus discretionary grounds
Every eviction now requires a Section 8 notice, served on the new Form 3A, stating one or more specific grounds, with the court retaining oversight of the process throughout rather than a landlord being able to rely on the previous, reason-free Section 21 route.
3. Ground 8: the main arrears ground, and its new threshold
Ground 8, the primary mandatory rent arrears ground, now requires three months' unpaid rent for a monthly tenancy, or thirteen weeks for weekly or fortnightly rent, up from the previous two-month threshold. Crucially, the arrears must exist both on the day the notice is served and again on the day of the court hearing, meaning a tenant who pays the balance down below the threshold before the hearing defeats the ground entirely. Where a shortfall exists only because a Universal Credit housing element hasn't yet reached the tenant, that specific amount is excluded from the calculation. The notice period for Ground 8 is four weeks.
4. The ground for selling the property
A specific mandatory ground allows a landlord to recover possession if they intend to sell the property, with a four-month notice period. This ground can't be used to end a tenancy within its first 12 months, and for tenancies that automatically converted from an AST to an assured periodic tenancy on 1 May 2026, that 12-month protection period runs from the conversion date itself, not from whenever the original tenancy began. The landlord must be able to demonstrate genuine intent to sell, and must not re-market the property for rent, or make it available for a short-term letting arrangement, for a restricted period afterward.
5. The deposit protection trap that applies to almost every ground
A court will not award possession under any Section 8 ground except Grounds 7A and 14 (which cover anti-social behaviour) unless the landlord has properly protected the tenant's deposit in a government-approved scheme. This makes deposit protection a genuine precondition for the overwhelming majority of possession claims, not simply a separate compliance obligation sitting alongside the eviction process. A landlord with an otherwise watertight arrears or sale ground can still lose the claim entirely on this single point if the deposit was never protected or the required documentation was never issued.
6. The penalty for getting it wrong
Attempting to serve a Section 21 notice after the abolition date is now not simply invalid, it can expose the landlord to a civil penalty from the local authority of up to £7,000 for a single breach. Given the genuine complexity of matching the right ground, the correct notice period, and the specific evidence each ground requires, taking advice before serving any notice is considerably cheaper than getting it wrong.
7. Frequently asked questions
Can landlords still serve Section 21 notices in England?
No. Section 21 "no-fault" evictions were abolished from 1 May 2026, with the last valid Section 21 notice serveable by 4:30pm on 30 April 2026. For notices served before that cut-off, landlords had until 31 July 2026 to apply to the courts for a possession order; after that date, Section 21 notices are no longer valid under any circumstances.
What's the difference between mandatory and discretionary Section 8 grounds?
Mandatory grounds require the court to grant possession once the landlord proves the ground applies, with no discretion to refuse. Discretionary grounds require the landlord to additionally satisfy the court that it's reasonable to grant possession in the circumstances, giving the court scope to refuse even where the ground is technically met.
How much rent arrears are needed to evict a tenant under the new rules?
The main mandatory arrears ground now requires three months' unpaid rent for a monthly tenancy, or thirteen weeks for weekly or fortnightly rent, up from the previous two-month threshold. The arrears must exist both when the notice is served and at the court hearing, so a tenant who pays the balance down below the threshold before the hearing can defeat the ground, and any shortfall caused solely by a delayed Universal Credit housing payment is excluded from the calculation.
Does an unprotected deposit block a landlord from getting possession under Section 8?
Yes, for almost every ground. A court will not award possession under any Section 8 ground except Grounds 7A and 14, which cover anti-social behaviour, unless the landlord has properly protected the tenant's deposit. This makes deposit protection a genuine precondition for most possession claims, not just a separate compliance obligation.
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