Section 21 Abolished: How to Evict Tenants After 1 May 2026

The Final Section 21 Timeline

The window to use Section 21 is closing fast. Here are the hard deadlines:

30 April 2026 (by 4:30pm): The last date you can serve a valid Section 21 notice on a tenant. Any notice served after this date is void.

1 May 2026: Section 21 is abolished. All existing ASTs convert to periodic tenancies automatically. You do not need to issue new tenancy agreements — the conversion happens by operation of law.

31 July 2026: The final deadline to issue court proceedings based on a Section 21 notice served before abolition. Serving the notice alone is not enough — you must also have filed a claim with the court.

If you have a tenant you need to remove, the clock is ticking. But read on before rushing to serve a notice — there may be a better option under the new Section 8 grounds.

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How Section 8 Works After 1 May 2026

Section 8 requires you to prove specific grounds for possession. Some grounds are mandatory (the court must grant possession if proven), others are discretionary (the court decides based on reasonableness).

The Renters' Rights Act introduces new grounds and amends existing ones. Here are the most important:

Ground 1 (Amended) — Landlord or Family Occupation

You want to move into the property yourself or house a close family member. Notice period: four months. This ground cannot be used during the first 12 months of the tenancy (the "protected period"). You also cannot re-let the property within 12 months of regaining possession using this ground.

Ground 1A (New) — Sale of the Property

You intend to sell the property with vacant possession. Notice period: four months. Same 12-month protected period applies. You cannot re-let within 12 months.

Ground 4A (New) — Student HMO Turnover

For purpose-built student accommodation let to students, allowing tenancies to align with academic year cycles.

Ground 8 (Amended) — Serious Rent Arrears

The tenant owes at least three months' rent (previously two months). This is a mandatory ground — if you prove three months of arrears at both the date of the notice and the date of the hearing, the court must grant possession.

Ground 14 — Anti-Social Behaviour

The tenant or their visitors have caused nuisance or used the property for illegal purposes. This is a discretionary ground except in the most serious cases.

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Key Differences From Section 21

Everything about the new process is more complex than Section 21:

No accelerated procedure. Under Section 21, many possession claims were decided on paper without a hearing. Under Section 8, every case requires a court hearing with a judge.

Evidence required. Section 21 was "no fault" — you didn't need to explain why. Section 8 requires evidence for every ground you rely on. For rent arrears, that means a clear paper trail of demands, responses, and payment history. For anti-social behaviour, dated incident logs, witness statements, and ideally reports to the police or council.

Longer notice periods. Section 21 required two months' notice. Most Section 8 grounds now require four months. Only rent arrears (Ground 8) uses a shorter notice period of four weeks.

The 12-month protected period. You cannot use Ground 1 (occupation) or Ground 1A (sale) during the first 12 months of a tenancy. This is measured from the start date, not from 1 May 2026 — existing tenancies that are already older than 12 months are not affected.

Court delays. Possession hearings currently take 6-12 months in many courts. Plan accordingly.

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Building Your Section 8 Evidence File

The single most important thing you can do right now is start documenting everything. If you ever need to use Section 8, your evidence file is your case.

For rent arrears (Ground 8):

Keep a detailed record of every rent payment, every late payment, every communication about arrears. Use bank statements, not just your memory. Send written demands when rent is late. Keep copies of everything.

For property damage or anti-social behaviour (Ground 14):

Date and time every incident. Take photographs. Report serious issues to the police or council and keep reference numbers. Collect written statements from neighbours where possible.

For all grounds:

Keep proof of service for every document you send to your tenant — gas safety certificates, EICRs, EPCs, deposit protection information, the How to Rent guide, and the new Information Sheet. Under the new system, a failure to serve compliance documents can be used as a defence against possession.

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What About Existing Tenancies?

If you currently have tenants on fixed-term ASTs, those tenancies convert to periodic tenancies on 1 May 2026 automatically. You do not need to do anything — no new agreement, no re-signing, no re-registration of deposits.

However, you do need to:

1. Serve the government Information Sheet to all existing tenants by 31 May 2026
2. Issue a written statement to tenants without a written tenancy agreement (oral tenancies) by 31 May 2026
3. Ensure all compliance documents are up to date — gas safety, EICR, EPC, deposit protection

Existing compliance documents remain valid. You do not need to re-serve certificates you have already provided.

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Should You Sell Before 1 May?

Many landlords are considering selling. The loss of Section 21 means losing the ability to quickly regain possession. But selling comes with its own timeline pressures.

If you want to sell with vacant possession, you need to either complete a Section 21 process before 31 July 2026, or use the new Ground 1A after 1 May (which requires four months' notice plus court proceedings plus potential enforcement — easily 8-12 months total).

Selling with a tenant in situ is faster but typically achieves 10-20% below vacant possession value.

The decision depends on your individual circumstances, your relationship with your tenants, and your long-term investment strategy. This is a conversation to have with your solicitor, not something to decide based on panic.

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The Bottom Line

Section 21 was simple. Section 8 is not.

The new system demands better record-keeping, better evidence management, and better compliance tracking. One expired gas safety certificate, one unprotected deposit, one missing document — any of these can be raised as a defence in possession proceedings and could delay or defeat your claim entirely.

ComplianceKeeper tracks every certificate, every notice period, and every compliance obligation across your portfolio — so your Section 8 evidence file is always ready if you need it.

This article is for general information only and should not be relied upon as legal advice. Always consult a qualified solicitor before taking possession action.