Serving a Section 21 Notice today
Until the reforms take effect, landlords may still serve a Section 21 notice to end an assured shorthold tenancy. The abolition date is set for 1 May 2026. Until then, the current framework applies and each procedural step must be followed accurately. Any error will lead to the notice failing in court, resulting in delay and additional cost.
What makes a Section 21 notice valid?
A Section 21 notice is only valid when all statutory duties have been met. Any gap in compliance can render the notice ineffective.
Core requirements
- You must use Form 6A, which is the prescribed version of a Section 21 notice.
- The notice must give the tenant a minimum of two months to leave. It cannot expire before the end of a fixed term.
- A notice cannot be served within the first four months of the original tenancy.
- If the tenant remains in occupation, you must start possession proceedings within six months of service.
Deposit protection compliance
This area often causes difficulties. A valid Section 21 notice depends on the deposit being:
- Protected in an authorised scheme within 30 days of receipt.
- Accompanied by the required prescribed information, also within 30 days.
If these steps were not completed, you cannot rely on a Section 21 notice unless the deposit has been repaid in full.
Essential tenant documentation
Before the tenancy started - and certainly before serving a notice - the tenant must have received:
- A valid Gas Safety Certificate. This must be provided before the tenant moves in. Ongoing certificates must be issued within 28 days of the annual check.
- A valid Energy Performance Certificate, provided at the outset.
- The correct edition of the Government’s How to Rent guide.
Prohibited fees and licensing
A Section 21 notice cannot be used where a prohibited fee has been charged and not repaid. In addition, any property requiring a licence - such as an HMO or one within a selective licensing area - must hold the appropriate licence at the point of service.
Serving a Section 21 Notice with transitional provisions
The government has confirmed transitional measures that allow landlords to continue relying on a valid Section 21 notice served before 1 May 2026. If the notice meets all legal requirements and is issued ahead of the commencement date, you may still progress through the current possession route. However, the window for beginning a court claim is strictly limited. You must start proceedings by the earlier of:
- Six months from the date the notice was served.
- Three months after the commencement date - which is 31 July 2026.
If you miss this deadline, the notice will expire and you will need to use the new statutory grounds system instead.
Any Section 21 notice served on or after 1 May 2026 will have no legal effect. In addition to dismissing the notice, local authorities can impose civil penalties of up to £7,000 for attempting to rely on an unlawful notice.
How will landlords evict tenants without Section 21?
Once Section 21 is removed, landlords will rely exclusively on the statutory grounds for possession set out in Section 8. The Renters’ Rights Act updates these grounds to reflect situations where regaining possession is necessary and justified, ensuring landlords can still recover their properties when circumstances change.
The new and strengthened grounds for possession
To sell your property - new mandatory Ground 1A:
A new ground will allow landlords to recover possession when they intend to sell the property.
- Notice period: four months.
- Restrictions: this ground cannot be used within the first 12 months of a tenancy. After relying on it, the property cannot be re-let or advertised for 12 months, preventing it from being used as a substitute for a no-fault eviction.
For a landlord or family member to move in - revised Ground 1:
The existing ground for a landlord or their close family member to live in the property remains but with tighter controls.
- Notice period: four months.
- Restrictions: it cannot be used during the first 12 months of a tenancy, and the property cannot be re-let on the open market for 12 months after possession is obtained.
Dealing with rent arrears - Grounds 8 and 10:
The rent arrears framework has been updated to distinguish between temporary financial issues and sustained non-payment.
- Serious rent arrears (Ground 8): now requires at least three months of arrears both at the notice stage and at the hearing. Arrears caused by delays to Universal Credit will not count.
- Notice period: increased to four weeks.
- Any rent arrears (Ground 10): remains a discretionary ground, now with a four-week notice period.
Tackling anti-social behaviour - Grounds 7A, 14 and 14ZA
The Act widens the tools available to landlords dealing with disruptive or dangerous behaviour.
- Serious anti-social behaviour (Ground 7A): notice requirements have been reduced, allowing landlords to issue a claim immediately.
- Riot-related offences - new mandatory Ground 14ZA: provides for immediate possession if a tenant is convicted of a serious offence during a riot.
- General anti-social behaviour (Ground 14): the definition of anti-social conduct has been expanded, giving the court wider discretion.
AST Assistance advises landlords on the strengthened Section 8 regime and how each ground should be used in practice. For guidance on preparing evidence or assessing which grounds apply to your circumstances, get in touch.
What are the new rules for landlords?
The Renters' Rights Act introduces more than just changes to eviction. Landlords must prepare for a new tenancy system and new regulatory bodies.
A new tenancy system
All tenancies will become periodic from the outset, providing more security for tenants. For landlords, this means the end of a fixed-term tenancy. Rent increases will be limited to once per year, and you must use a statutory Section 13 notice, giving the tenant two months' notice of any change. Tenants will be able to challenge excessive increases at a tribunal.
Mandatory landlord ombudsman
Expected in late 2026, all private landlords will be legally required to join a single, government-approved Ombudsman scheme. This body will resolve disputes between landlords and tenants without needing to go to court, and it will have the power to order landlords to pay compensation of up to £25,000. Failure to join will result in significant fines.
The private rented sector database
Also expected in late 2026, a new national database will require all landlords to register themselves and their properties. This will help local authorities track down criminal landlords and allow tenants to see if their landlord is compliant with their legal obligations. An unregistered landlord may be unable to use any Section 8 grounds for possession.
Other key changes
- Ban on "rental bidding wars": you will be prohibited from encouraging tenants to bid against each other for rent.
- Right to request a pet: tenants will have a legal right to request a pet, which a landlord cannot unreasonably refuse. You will, however, be able to require the tenant to take out pet insurance.
- End to discrimination: it will be illegal to have blanket bans on renting to tenants with children or those who receive benefits.
The eviction timeline after a Section 21 Notice expires
For landlords who serve a Section 21 notice before the commencement date, the process that follows will continue under the existing rules. If a tenant stays beyond the notice period, you cannot enter the property or change the locks yourself. You must obtain a possession order through the court. These procedures will remain available for any valid Section 21 notice served before 1 May 2026. After this date, the Renters’ Rights Act removes Section 21 entirely, and the timeline for possession will operate solely under the strengthened Section 8 grounds.
Step 1: The possession claim
When the notice period ends, you may issue your claim under the current system.
- Accelerated possession claim: this remains the standard route for Section 21 cases. Claims are usually processed on paper, without a hearing, as long as the documents are in order and the tenant does not raise a defence. Timeframes generally fall between four and eight weeks, though backlogs may extend this.
- Standard possession claim: required when you are also claiming rent arrears. A hearing is unavoidable, and court listing times can range from six to ten weeks or more.
Once Section 21 is abolished, accelerated possession will no longer exist. All future claims will be grounded in the revised Section 8 regime, which may alter timescales depending on the evidence required.
Step 2: The possession order
If your claim succeeds, the court will issue a possession order requiring the tenant to vacate. The usual timeframe is 14 days. Judges retain discretion to extend this to a maximum of 42 days where the tenant can demonstrate exceptional hardship. This structure remains unchanged under the transitional rules, but once landlords move exclusively to Section 8, the court will assess each case based on the specific ground relied upon and the supporting evidence.
Step 3: Enforcement if the tenant refuses to leave
If the tenant stays past the date in the possession order, enforcement becomes necessary.
- County Court bailiffs: the standard route for enforcement. Wait times can vary considerably, from four weeks to more than nine months, depending on local availability.
- High Court Enforcement Officers (HCEOs): you may apply to transfer enforcement to the High Court. Although more expensive, this option is usually quicker, often taking between two and three weeks.
These enforcement routes will remain in place after Section 21 is abolished, but landlords will reach this stage through Section 8 grounds rather than a no-fault notice. The Renters’ Rights Act aims to make these grounds more workable, particularly around anti-social behaviour and persistent arrears, but landlords will need stronger evidence and more structured record-keeping.
Overall, from the expiry of a Section 21 notice to regaining possession with bailiff involvement, the timeline typically ranges from three and a half to five and a half months, with many cases taking longer. The Renters’ Rights Act does not shorten these timeframes, so preparation and early action remain central for landlords using the transitional system.
Experts in tenancy law, such as AST Assistance, can help you understand eviction timelines and your rights both in the lead-up to the abolition of Section 21 and afterwards.
Plan ahead with AST Assistance
The end of the Section 21 process represents a major shift for landlords across the private rented sector. Although you may still serve a Section 21 notice today, the window is narrowing, and accuracy matters more than ever. A notice that fails for procedural reasons risks placing you on the wrong side of the commencement date, forcing you into the new statutory grounds system sooner than planned.
Landlords who act now place themselves in a stronger position. You may need to progress an eviction under the existing regime, or you may be preparing to rely on the reformed Section 8 grounds once Section 21 is abolished. In either scenario, specialist guidance will help you make sound decisions, gather the correct evidence, and avoid avoidable delays.
AST Assistance provides focused legal support to landlords facing possession issues. We work through the process with you, advising on notice validity, drafting compliant paperwork, preparing evidence, and guiding you through court proceedings where required. Our team understands the operational pressures landlords face and offers clear, precise advice designed to protect your position.
If you want to plan proactively and manage future risks with confidence, speak to AST Assistance. Call 01706 619954 to discuss your situation and put a strategy in place for the months ahead. Alternatively, fill out an online contact form and someone will be in touch.
