Introduced as part of the Renters’ Rights Act, the abolition of Section 21 will change how tenancies are brought to an end and how landlords regain possession of their properties. While much of the media focus has been on the loss of Section 21, the reality is more balanced. Meaning that for well-prepared, responsible landlords, the new framework is workable with the right guidance in place.

This guide explains what’s changing, what remains the same, and how you can prepare with confidence.

What is changing from 1st May 2026?

From 1st May 2026, landlords will no longer be able to serve a Section 21 notice to regain possession of a property.

Instead, all possession will need to be sought under Section 8, using clearly defined grounds where there is a genuine reason to do so. At the same time, assured shorthold tenancies will be replaced with periodic assured tenancies, removing fixed end dates while strengthening clarity around lawful possession.

If a tenant does not leave voluntarily, landlords will still need to apply to the court for possession and provide evidence that the relevant ground has been met—just as they do now.

The key differences are:

– Mandatory grounds must result in possession if proven

– Discretionary grounds allow the court to decide whether eviction is reasonable

The aim is to provide tenants with greater security. While giving landlords clearer, evidence-based routes to regain possession when it is justified.

The most relevant possession grounds for landlords following the abolition of Section 21

The Renters’ Rights Act strengthens and clarifies the Section 8 grounds, many of which landlords already rely on today.

Some of the most notable include:

Selling or moving back into your property

– Landlords can regain possession if:

– They intend to sell the property, or

– They or a close family member plan to move in

These are mandatory grounds, but they cannot be used within the first 12 months of a new tenancy and a four-month notice period applies.

This protected period is designed to provide tenants with stability, while still recognising that landlords’ circumstances can change.

Rent arrears

The mandatory rent arrears threshold will increase from two months to three months, with a four-week notice period.

This change is intended to support tenants who fall temporarily behind, while still protecting landlords from unsustainable arrears. Discretionary grounds remain available where rent is persistently late, even if the threshold is not met.

Reassuringly, fewer than 1% of our managed tenancies experience arrears beyond 90 days. For added peace of mind, many landlords choose Rent & Legal Protection insurance to cover missed rent and legal costs.

Anti-social behaviour and serious breaches

In the case of:

– Serious anti-social behaviour

– Criminal behaviour

– Significant tenancy breaches

– Property deterioration

Landlords can begin proceedings immediately or with short notice, depending on the ground. These protections remain robust under the new legislation.

Student properties

New mandatory grounds have been introduced for student HMOs required for new academic-year intakes, ensuring student landlords can continue operating in line with academic cycles, provided the criteria are met.

Can landlords still use Section 21 right now?

Yes. Section 21 remains valid until 30 April 2026, provided all current legal requirements are met.

If a valid Section 21 notice is served before this date, landlords can still apply for possession through the courts until 31 July 2026—subject to transition rules.

Any Section 21 notice served on or after 1st May 2026 will be invalid and may result in financial penalties.

Why the abolition of Section 21 makes choosing the right letting agent more important than ever

In practice, the majority of possession cases already align with the new Section 8 grounds. National data suggests that only around 0.03% of tenancies end using Section 21, and within our own portfolio, approximately 65% of possession cases already meet the new criteria.

The real shift isn’t about whether landlords can regain possession. It’s about how well prepared they are to evidence their position.

This is where professional tenancy management becomes critical.

How we are supporting landlords to adapt to the new rules

We are already preparing for the changes by:

– Implementing systems to securely gather and retain evidence

– Ensuring notices are served correctly and compliantly

– Advising landlords early, where selling or moving back in is being considered

– Managing tenancies proactively to reduce disputes and delays

Whether you own a single rental property or a growing portfolio, our approach focuses on:

– Compliant tenancy management

– Evidence-led possession support

– Strategic advice aligned with your long-term goals

Frequently asked questions

When can I issue notice to a tenant?

Where a tenant is at fault – such as serious arrears, anti-social behaviour or tenancy breaches – notice can be served at any point in the tenancy, subject to the relevant ground.

What if I want to sell or move back in?

These remain valid mandatory grounds, subject to the 12-month protected period and four months’ notice.

If a sale falls through, can I re-let?

In most cases, landlords cannot re-let or market the property for 12 months after serving notice on selling grounds, unless specific exemptions apply.

Need advice tailored to your situation?

The Renters’ Rights Act affects landlords differently depending on property type, tenancy structure and future plans.

If you’re looking for clarity on what the changes mean for you, our Renters’ Rights Act Guide is a useful first step, offering a clear overview of the new rules and how to prepare.

And if you’d like to talk things through, our experienced lettings team is always happy to offer practical, straightforward advice. Please don’t hesitate to get in touch, or better still? Pop into one of our offices, the kettle is always on!