Section 21 vs Section 8: Eviction Notices Compared

Section 21 "no-fault" eviction was abolished in England on 1 May 2026 by the Renters' Rights Act 2025. No new Section 21 notice can be served, and possession claims based on notices served before that date had to be issued at court by 31 July 2026. Section 8 — possession on stated grounds — is now the only route. This comparison explains how the two differ and what still applies to a notice served before 1 May 2026.

Tip: scroll the table sideways to see all columns →

Feature	Section 21 (abolished 1 May 2026)	Section 8 (current route)
Available now?	No — abolished on 1 May 2026. A Section 21 notice served on or after that date is invalid	Yes — the only possession route in England
Tenancy type	Assured Shorthold (AST) only — ASTs themselves ended on 1 May 2026	Assured tenancies under the post-May-2026 regime
Reason required	No — "no-fault" notice	Yes — must cite specific statutory grounds
Minimum notice	4 months (historic — for notices served before 1 May 2026)	2 weeks to 4 months depending on the ground relied on
Form required	Form 6A (no longer usable)	Form 3 (prescribed)
Tenant defences	Procedural only (deposit not protected, no gas safety certificate, retaliation under Deregulation Act 2015) — plus, now, that the notice was served after abolition or the claim issued after 31 July 2026	Disputing the ground, mandatory vs discretionary, reasonableness and hardship arguments
Court process	Accelerated possession (paper only) — closed to new claims	Standard possession (court hearing)
Transitional deadline	Possession proceedings on a pre-1-May-2026 notice had to be issued by 31 July 2026; after that the notice cannot be used even if otherwise still valid	Not applicable
Tenant can claim Rent Repayment Order	Yes if landlord is unlicensed/unregistered	Yes if landlord is unlicensed/unregistered

Section 21 was abolished in England on 1 May 2026. If you have been served a Section 21 notice dated on or after 1 May 2026 it is not valid. If you were served one before that date and your landlord did not issue a possession claim at court by 31 July 2026, it can no longer be used against you. Never leave the property until a court has granted a possession order and bailiffs have been appointed — and get advice from Shelter or a housing solicitor first.

What this means if you have been served a notice

Check the date on the notice first. Anything purporting to be a Section 21 notice dated on or after 1 May 2026 is invalid and cannot be used against you — the route no longer exists in England. If you were served one before that date, it could only be relied on where the landlord issued a possession claim at court by 31 July 2026. That window has closed, so an unused pre-abolition notice is now spent and the landlord must start again under Section 8.

Tenants: a notice is not an eviction. Only a court can order possession, and only county court bailiffs or High Court enforcement officers can carry it out. Never leave because of a letter alone.
Landlords: every possession claim now needs a stated ground under Section 8, evidence to prove it, and a court hearing. Serving the wrong form or the wrong notice period restarts the process.
Both: the grounds carry different notice periods, and some are mandatory while others give the judge discretion. Which ground is cited changes everything about the case.

The mistake tenants make most often is leaving voluntarily on the strength of a notice. Doing so can make you intentionally homeless in the eyes of the council, which affects the duty it owes you. Stay put and get advice from Shelter or a housing solicitor.

The mistake landlords make is treating Section 8 as a paperwork exercise. It is a contested process, and defects in the notice are the most common reason claims fail.

Frequently asked questions

My landlord served a Section 21 notice after 1 May 2026. What should I do?

The notice has no legal effect, because the route was abolished on that date. Reply in writing saying you understand Section 21 no longer applies and that you will not be leaving without a valid Section 8 notice and a court order. Keep a copy of everything. If the landlord threatens to change the locks, remove your belongings or cut off utilities, that is potentially an illegal eviction and a criminal offence — contact your council's tenancy relations officer and Shelter urgently.

What happens at a possession hearing?

A judge considers whether the ground relied on is made out and whether the notice was valid. For mandatory grounds, a proven ground means possession must be granted. For discretionary grounds, the judge also asks whether it is reasonable to order possession, weighing your circumstances against the landlord's. Attend the hearing — cases are regularly decided against tenants simply because nobody turned up. Free duty solicitor advice is usually available at court on the day, at no cost and without an appointment.

Can I be evicted for rent arrears if I am waiting on a benefit payment?

Arrears grounds are among the most commonly used, and some are mandatory once the arrears reach a specified level at both the notice date and the hearing. Clearing enough of the arrears before the hearing can therefore change which ground applies. Tell the court about a pending benefit decision or a discretionary housing payment application, and bring evidence. Contact your council about housing costs support and ask about an alternative payment arrangement so rent is paid direct to the landlord.

How long does the whole process take?

Longer than most people expect. The notice period runs first and varies by ground, then the landlord issues a claim, then a hearing is listed, and court timetables add weeks or months. If possession is granted, the order usually gives a period to leave before enforcement, and a bailiff appointment adds more time again. None of this is a reason to do nothing — use the time to get advice, apply to the council as homeless if needed, and look for alternative housing.

Related guides

Section 21 Notice Explained

A Section 21 notice was a formal notice from your landlord requiring you to leave the property. Unlike a Section 8 notice, it did not require the landlord to give a reason. There were strict rules landlords had to follow before serving a valid Section 21 notice, and the Renters' Rights Act 2025 abolished this route entirely on 1 May 2026.

8 min read

Section 8 Notice and Grounds for Possession

A Section 8 notice is used when a landlord wants to evict a tenant on specific legal grounds set out in the Housing Act 1988. Unlike a Section 21 notice, the landlord must prove a ground for possession. Some grounds are mandatory — meaning the court must grant possession if proved — while others are discretionary.

8 min read

Eviction Notice Basics

Receiving an eviction notice is alarming, but it is important to know that a notice alone does not mean you have to leave immediately. Landlords must follow a strict legal process — including obtaining a court possession order — before they can lawfully evict you. Many notices are defective and can be challenged.

7 min read

Renters' Rights Act 2025

The Renters' Rights Act 2025 is the most significant change to private rented sector law in England for 30 years. It abolishes Section 21 'no-fault' evictions, replaces fixed-term tenancies with periodic tenancies, strengthens tenant protections against discrimination, and creates a new landlord database. Whether you are already renting or about to sign a new tenancy, understanding these changes is essential.

10 min

Renters' Rights Act 2025: Implementation Timeline and Transitional Rules

The main provisions of the Renters' Rights Act 2025 came into force in England on 1 May 2026. Section 21 'no-fault' eviction was abolished, assured shorthold tenancies became assured periodic tenancies, and possession now runs entirely through the reformed Section 8 grounds. Later phases — mandatory registration on the Private Rented Sector Database, and the extension of the Decent Homes Standard and Awaab's Law to private rentals — are still to come. This guide sets out what changed on 1 May 2026, the transitional rule for Section 21 notices served before that date, and what remains outstanding.

11 min

Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.