Section 21 Notice Periods: What Changes on 1 May 2026 (and What Still Applies Now)

Section 21 - the "no-fault" eviction notice that lets landlords end a tenancy without giving a reason - is being abolished. The Renters' Rights Act received Royal Assent on 27 October 2025, and the first major changes come into force on 1 May 2026.

If you are a landlord or tenant, the rules you have known for decades are about to change fundamentally. Here is what applies now, what changes in May, and how to navigate the transition.

The current rules (until 30 April 2026)

Section 21: no reason required

Under the current system, landlords can end an assured shorthold tenancy by serving a Section 21 notice. The key features:

• Notice period: Minimum 2 months
• Reason required: None
• When it can be served: During or after a fixed term (but the possession date must not be before the end of the fixed term), or during a periodic tenancy
• Court order: Required if tenant does not leave voluntarily

The notice must be in the prescribed form (Form 6A) and various technical requirements must be met - deposit protection, gas safety certificates, EPC, and the "How to Rent" guide must all be in order.

Section 8: specific grounds required

The alternative has always been Section 8, which requires the landlord to cite specific grounds for possession (rent arrears, antisocial behaviour, breach of tenancy, etc.). Notice periods vary by ground - some require 2 weeks, others require 2 months.

The transition period: key dates

Important: If you serve a Section 21 notice on 30 April 2026, you have until 31 July 2026 to begin court proceedings. After that, the notice becomes worthless even if it was validly served.

Penalty for invalid notices

From 1 May 2026, section 21 can no longer be used. Breaches fall within the new enforcement and civil penalty regime under the Renters' Rights Act 2025. Local authorities can impose civil penalties of up to £7,000 under this framework for landlords who attempt to use section 21 notices after abolition.

The new system from 1 May 2026

All tenancies become periodic

From 1 May 2026, assured shorthold tenancies (ASTs) convert to periodic assured tenancies with no fixed end date. This applies to both new and existing tenancies.

Tenants gain more security - they cannot be evicted without a valid reason.

Section 8 becomes the only route

Every eviction will require a Section 8 notice citing one or more of the statutory grounds for possession. "I want my property back" is not enough.

New and expanded grounds

The Renters' Rights Act expands and modifies the grounds for possession:

Ground 1 (Landlord moving in):

• Notice period: 4 months
• Cannot be used in first 12 months of tenancy (protected period)
• Landlord cannot market or re-let the property for 12 months after using this ground

Ground 1A (Landlord selling):

• Notice period: 4 months
• Cannot be used in first 12 months of tenancy
• Same 12-month marketing/re-letting restriction

Rent arrears (Ground 8):

• Remains available for serious arrears
• Notice period varies by arrears level

Antisocial behaviour:

• Strengthened grounds for serious cases
• Shorter notice periods for severe behaviour

Tenant notice periods increase

Currently, tenants on periodic tenancies give 1 month's notice. From May 2026, this increases to 2 months.

Where notices fail

Technical failures invalidate notices

Section 21 notices are frequently invalid because of technical failures:

• Deposit not protected (or certificate not provided)
• No valid gas safety certificate
• No EPC provided
• "How to Rent" guide not given at tenancy start
• Wrong form used or form incorrectly completed

A tenant can challenge an invalid notice, and courts will dismiss possession claims based on defective notices.

Practical takeaway: If you are a landlord serving a Section 21 notice before May, check every technical requirement is met.

The notice must expire before court proceedings

You cannot start court proceedings until after the notice period expires. A 2-month notice served on 1 March means you cannot apply to court until after 1 May.

Practical takeaway: Count the notice period carefully and do not file too early.

Court processing times extend everything

Even after a valid notice expires, court possession claims take months to process. The 2-month notice period is just the start - actual possession often takes 4-6 months or longer.

Practical takeaway: If you need possession by a specific date, work backwards from realistic court timescales, not just the notice period.

The 12-month protected period is absolute

From May 2026, landlords cannot use the "selling" or "moving in" grounds during the first 12 months of any tenancy. There is no exception for changed circumstances.

Practical takeaway: Landlords uncertain about their plans should think carefully before granting new tenancies from May 2026.

Bank holidays do not extend notice periods

Notice periods in housing law typically run in calendar days or months, not working days. A 2-month notice that expires on a bank holiday still expires on that date.

Practical takeaway: Check when your notice expires and plan around it - do not assume you get extra days.

What landlords should do now

If you are considering serving a Section 21 notice:

1. Act before 1 May 2026 - after that, Section 21 is gone
2. Check all technical requirements - gas safety, deposit, EPC, How to Rent guide
3. Use the correct form - Form 6A for Section 21
4. Allow time for court proceedings - you must file before 31 July 2026
5. Consider Section 8 instead - if you have valid grounds, this route survives

What tenants should know

1. Section 21 notices served before May remain valid - do not ignore them
2. Check the notice is technically valid - many are defective
3. You do not have to leave immediately - the notice is not an eviction, just the start of a process
4. From May 2026, you have more protection - eviction requires a valid reason
5. Your notice period increases - from 1 month to 2 months

Need to calculate a notice period deadline?

Use our calculator to work out the exact date your notice period expires.

Calculate your deadline -> Open the calculator

Frequently Asked Questions

Q: Can I still serve a Section 21 notice? A: Yes, until 30 April 2026. After that date, Section 21 is abolished and attempting to serve one falls within the new civil penalty enforcement regime.

Q: What happens to notices served before May 2026? A: They remain valid, but you must start court proceedings by 31 July 2026. After that, even validly served notices cannot be enforced.

Q: How much notice does a landlord need to give from May 2026? A: It depends on the ground for possession. Selling or moving in requires 4 months. Other grounds vary from 2 weeks to 2 months.

Q: Can a landlord evict to sell the property? A: Yes, but from May 2026 they must use Ground 1A, give 4 months' notice, and cannot use it in the first 12 months of a tenancy. They also cannot market or re-let for 12 months after using the ground.

Conclusion

Section 21 was always simple in theory - two months, no reason. What made it complicated was the checklist of technical requirements that could invalidate it. From May 2026, none of that matters: every eviction needs a reason, and the notice periods change completely.

If you are a landlord, the window to use Section 21 is measured in weeks. If you are a tenant who has received one, check the technicalities - many notices are defective - and remember that a notice is the start of a process, not the end of one.

Sources & Further Reading:

• Gov.uk - Guide to the Renters' Rights Act
• Gov.uk - No-fault evictions to end by May next year
• Shelter England - Renters Rights Act: private tenants
• NRLA - Section 21 Abolition

This guide is for informational purposes only and does not constitute legal advice. Always verify notice periods independently and seek legal advice if unsure.