Section 21 is Gone — How London Landlords Now Evict Tenants Legally

On 1 May 2026, the most significant change to residential tenancy law in England since the Housing Act 1988 came into force. Section 21 — the mechanism that allowed landlords to recover possession of their property without giving a reason — was abolished.

For many London landlords who have relied on Section 21 as a backstop, this requires a fundamental shift in how they think about tenancy management. But the change is also manageable for landlords who understand the new system and — critically — keep their compliance certificates up to date.

What Section 21 was and why it mattered

Section 21 of the Housing Act 1988 allowed a landlord to serve a two-month notice on a tenant and, provided certain procedural requirements were met, obtain possession through the courts without having to prove any fault or reason. Tenants could not contest a Section 21 claim on the merits — only on procedural grounds.

This gave landlords a reliable route to recover their property at the end of a fixed term, to sell, to move in, or to re-let to a different tenant. For a generation of private landlords, it was the primary enforcement mechanism.

From 1 May 2026, it no longer exists.

What replaced it — Assured Periodic Tenancies and Section 8

Every private assured shorthold tenancy in England automatically converted to an Assured Periodic Tenancy (APT) on 1 May 2026. There are no longer fixed terms. Every tenancy is now open-ended by default.

Under an APT, a tenant can stay in the property indefinitely. They can leave at any time by giving two months' written notice. A landlord can only end the tenancy by serving a Section 8 notice and proving a valid statutory ground for possession before a court.

This is the fundamental change. The landlord must now prove a reason. The court must be satisfied that the reason is valid. And the tenant has the right to contest the claim at every stage.

The Section 8 grounds that matter most

The Renters' Rights Act 2025 sets out a list of grounds on which a landlord can seek possession. Some are mandatory — if the ground is proved, the court must grant possession. Others are discretionary — the court has the option to grant possession but is not obliged to.

Mandatory grounds landlords use most often:

Ground 7A — Serious rent arrears. At least three months of rent arrears at the time of the notice and at the hearing. The court must grant possession if this is proved.

Ground 8 — Rent arrears at notice and hearing. Two months or more arrears (for monthly tenancies) at the date of the Section 8 notice and at the date of the hearing.

Ground 1A — Landlord intends to sell. The landlord wishes to sell the property with vacant possession. Must give at least four months' notice. The landlord cannot relet the property for 12 months after obtaining possession on this ground.

Ground 1B — Landlord or close family member intends to occupy. The landlord or a close family member (parent, child, sibling, or their spouses) intends to move in as their only or principal home.

Ground 14 — Anti-social behaviour. The tenant or someone living at or visiting the property is causing nuisance or annoyance to neighbours.

Important: for Grounds 1A and 1B, the landlord must give at least four months' notice — significantly longer than the two months previously required under Section 21.

Why your compliance certificates are now critical

Before the abolition of Section 21, there were already rules linking compliance certificates to possession rights. Under the old system, a Section 21 notice was invalid if the landlord had not served the tenant with a current gas safety certificate, EPC, and the How to Rent guide.

The same principle applies — and is arguably more important — under the new system. While Section 8 notices can in theory proceed without these documents, a well-advised tenant will challenge the claim on compliance grounds. Courts retain the power to consider whether a landlord has fulfilled their obligations, and a history of non-compliance can influence judicial discretion on contested claims.

More directly, the PRS Database (launching December 2026) will require landlords to upload their compliance certificate references as part of registration. An unregistered landlord loses access to certain possession grounds entirely.

The practical message is straightforward: keeping your EICR, gas safety certificate, and EPC valid and served on your tenant is no longer just a regulatory obligation. It is now a prerequisite for being able to recover your property through the courts.

What to do if a tenant is in rent arrears

Under the new system, rent arrears are the clearest and most reliable route to possession for landlords. Here is the process:

Step 1 — Document everything. Keep records of all rent payments, any communications about arrears, and any payment arrangements that were made and broken.

Step 2 — Serve a Section 8 notice. When arrears reach the relevant threshold (typically two months for mandatory Ground 8, or three months for Ground 7A), serve a Section 8 notice in the prescribed form. The notice period for rent arrears grounds is typically two to four weeks.

Step 3 — Issue court proceedings. If the tenant has not vacated or paid the arrears by the expiry of the notice, apply to the County Court for possession. Use the N119 form.

Step 4 — Attend the hearing. Bring all documentation — the tenancy agreement, rent statements, the Section 8 notice, and your compliance certificates. If the arrears are still outstanding at the hearing, the court must grant possession on mandatory grounds.

This process currently takes 4–12 months in London due to court backlogs. This is a significant change from the old system, and landlords who need to recover possession for legitimate reasons should seek legal advice early rather than waiting.

What the Renters' Rights Act Information Sheet means for you

Every landlord was required to give their tenants a copy of the Renters' Rights Act Information Sheet 2026 by 31 May 2026. Missing this deadline exposed landlords to fines of up to £7,000 per tenancy.

If you have not yet provided the information sheet, do so immediately. The sheet is available on GOV.UK and explains the new rules to tenants. Providing it late is better than not providing it at all, and it stops the fine clock.

The broader picture — what the new system means for London landlords

Section 21 abolition was designed to give tenants greater security of tenure. For landlords who manage properties professionally, maintain them well, and keep their compliance obligations up to date, the change in practice is smaller than many feared. Good tenants who pay their rent are not going anywhere — they never were.

The landlords most affected are those who relied on Section 21 to sidestep conversations about maintenance, repairs, or difficult tenancies without engaging with the legal process. That route is now closed.

The new system rewards landlords who keep records, maintain compliance, and address tenancy issues promptly. It is more demanding — but it is navigable for landlords who take their obligations seriously.

If you need to ensure your compliance certificates are current before any possession proceedings, book online or call us on 020 3996 1070. We cover all 33 London boroughs with next-day appointments.

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