Section 21 — What Changes and When
Section 21 — What Changes and When
A Professional Reference Guide for Letting Agents
📋 Quick Reference
Key Points Every Agent Must Know:
- Section 21 notices will be abolished from 1 May 2026 — no new section 21 notices can be served after this date
- Assured Shorthold Tenancies (ASTs) are being replaced with Assured Periodic Tenancies (APTs) as the standard tenancy type
- Existing section 21 notices served before 1 May 2026 will remain valid under transitional provisions, but time limits apply
- All new tenancies from 1 May 2026 will be periodic by default — fixed-term tenancies are ending
- Landlords must use revised Section 8 grounds for possession after abolition takes effect
Overview
The abolition of section 21 'no-fault' evictions represents the most significant change to private sector lettings in England since the introduction of Assured Shorthold Tenancies. After more than six years since the government first announced its intention to abolish section 21 in April 2019, the Renters' Rights Act 2025 received Royal Assent on 27 October 2025.
The first phase of reforms takes effect on 1 May 2026, fundamentally changing how tenancies operate and how landlords can regain possession of their properties. This help sheet explains what section 21 abolition means in practice, the timeline for implementation, and what letting agents must do to prepare.
Key Changes Taking Effect on 1 May 2026
End of Section 21 Notices
From 1 May 2026, landlords will no longer be able to serve section 21 notices to end an assured shorthold tenancy without proving fault. Section 21 has historically allowed landlords to regain possession without needing to provide any reason, provided correct notice periods and procedures were followed.
What this means:
- No new section 21 notices can be served from 1 May 2026 onwards
- Landlords must instead use Section 8 grounds for possession, which require specific reasons
- Tenants gain significantly stronger protection from eviction
Replacement of ASTs with APTs
Assured Shorthold Tenancies (ASTs) will be replaced by Assured Periodic Tenancies (APTs) as the standard tenancy agreement for the private rented sector.
Key differences:
- All new tenancies will be periodic from the outset — no initial fixed term
- Tenancies continue on a rolling basis until properly ended
- No automatic expiry date that previously existed at the end of fixed terms
- Rent review dates and compliance triggers must be managed differently
Transitional Provisions
The Act includes transitional provisions for section 21 notices served before 1 May 2026:
- Valid section 21 notices served before 1 May 2026 will remain valid
- Landlords must still comply with all existing requirements for validity
- Time limits will apply for starting possession proceedings
- Agents should monitor these cases carefully to ensure deadlines are met
What This Means for Letting Agents
Immediate Operational Impact
Portfolio Management:
- Review all existing ASTs and identify which are approaching natural break points
- Assess which tenancies may transition to APTs on 1 May 2026
- Identify any cases where landlords may wish to serve section 21 notices before the deadline
System Changes Required:
- CRM and property management systems must be updated to handle periodic tenancies
- Rent review dates must be tracked independently (not tied to fixed-term renewals)
- Compliance reminders and rent-in-advance triggers need reconfiguration
- Automated processes previously triggered by fixed-term expiry dates must be redesigned
Documentation Updates:
- New tenancy agreements reflecting APT terms must be prepared
- Landlord information packs require updating to explain the new possession grounds
- Tenant information must be revised to reflect new rights and protections
- Internal procedures and checklists need comprehensive review
Legal and Compliance Considerations
Section 8 Grounds Become Essential:
With section 21 abolished, landlords can only regain possession using Section 8 grounds, which require proving specific circumstances such as:
- Rent arrears (with revised thresholds and procedures)
- Breach of tenancy terms
- Landlord wishes to sell the property
- Landlord or family member wishes to move in
- Property required for redevelopment
Agents must become thoroughly familiar with revised Section 8 grounds, notice periods, and evidential requirements.
Related Changes Taking Effect Simultaneously:
On 1 May 2026, several other reforms come into force alongside section 21 abolition:
- Ban on rent in advance: Maximum one month's rent in advance can be requested
- Ban on rental bidding: Properties must be marketed at fixed rents; accepting or encouraging higher bids is prohibited
- Discrimination protections: Landlords and agents cannot discriminate against benefit recipients or families with children
- Rent increase procedures: Two months' notice required for rent increases under Section 13
Financial Penalties:
Local authorities have enhanced enforcement powers with civil penalties for breaches including:
- Marketing lettings without stating proposed rent
- Inviting or encouraging rental bidding
- Discriminating against prospective tenants on prohibited grounds
Agents must ensure full compliance to avoid penalties for themselves and their landlord clients.
Practical Steps for Agents
Before 1 May 2026
1. Audit Your Portfolio (Complete by March 2026)
- Identify all ASTs and their current status
- Flag any tenancies where landlords may need to serve section 21 notices before the deadline
- Review fixed-term end dates and plan transition strategy
- Assess which landlords may wish to use Section 8 grounds instead
2. Update Systems and Processes (Complete by April 2026)
- Configure CRM systems for periodic tenancies
- Create new rent review tracking mechanisms
- Update automated workflows and reminders
- Test new processes with sample cases
- Train staff on system changes
3. Prepare Documentation (Complete by April 2026)
- Draft compliant APT agreements
- Create landlord guidance on new possession grounds
- Prepare tenant information sheets
- Update website and marketing materials
- Review and revise all standard letters and notices
4. Train Your Team (Ongoing through April 2026)
- Ensure all staff understand section 21 abolition and its implications
- Provide role-specific training (negotiators, property managers, compliance officers)
- Conduct scenario-based training on Section 8 grounds
- Brief staff on discrimination protections and rental bidding rules
- Establish clear escalation procedures for complex cases
5. Communicate with Landlords (January-April 2026)
- Send clear briefings explaining the changes
- Offer one-to-one consultations for landlords with concerns
- Explain the new possession grounds and when they can be used
- Discuss portfolio strategy and any properties landlords may wish to sell
- Set realistic expectations about possession timescales under Section 8
From 1 May 2026 Onwards
For All New Tenancies:
- Use only APT agreements
- Ensure compliance with rent in advance limits (maximum one month)
- Market properties at fixed rents only
- Apply non-discriminatory letting practices
- Provide tenants with required written information
For Existing Tenancies:
- Monitor transitional arrangements carefully
- Track any section 21 notices served before 1 May 2026
- Ensure possession proceedings are started within required timeframes
- Manage rent reviews using new procedures
- Update tenancy records to reflect periodic status
Ongoing Compliance:
- Maintain detailed records of all letting decisions
- Document reasons for any tenant rejections (ensuring non-discriminatory grounds)
- Keep evidence of property marketing (showing fixed rent advertised)
- Monitor changes to Section 8 grounds and procedures
- Stay informed about further implementation phases
Frequently Asked Questions
Q: Can landlords still serve section 21 notices in April 2026?
A: Yes, provided the notice is served before 1 May 2026 and meets all existing validity requirements. However, transitional provisions will apply, and landlords must start possession proceedings within specified timeframes.
Q: What happens to existing ASTs on 1 May 2026?
A: Existing ASTs will transition to periodic tenancies. Fixed-term ASTs will continue until their expiry date, then automatically become periodic. ASTs already periodic will continue as periodic tenancies under the new framework.
Q: Can landlords still use fixed-term tenancies after 1 May 2026?
A: No. From 1 May 2026, all new private rented sector tenancies must be periodic from the outset. The concept of fixed-term ASTs is being abolished alongside section 21.
Q: How long will Section 8 possession proceedings take?
A: Timescales vary depending on the ground used and whether it is mandatory or discretionary. Agents should advise landlords that possession under Section 8 typically takes longer than section 21 did, and court backlogs may cause further delays.
Q: What if a landlord wants to sell a property after 1 May 2026?
A: Landlords can use revised Section 8 grounds for possession when they wish to sell. Specific notice periods and evidential requirements apply. Agents should familiarize themselves with these grounds and advise landlords accordingly.
Q: Do these changes apply to all tenancies?
A: These reforms apply to private rented sector tenancies in England. They do not apply to social housing until 2027. Some specialist tenancy types may have different provisions.
Q: What are the penalties for non-compliance?
A: Local authorities can impose civil penalties for various breaches, including rental bidding, discrimination, and marketing violations. Penalties can be substantial, and agents must ensure full compliance to protect both their business and their landlord clients.
Q: Where can I find the latest guidance?
A: Monitor updates from:
- Ministry of Housing, Communities and Local Government (MHCLG)
- Propertymark (for members)
- Shelter Legal
- Your professional body and legal advisors
Summary
The abolition of section 21 from 1 May 2026 represents a fundamental shift in how the private rented sector operates. Letting agents must prepare thoroughly, update systems and processes, train staff, and communicate clearly with landlords and tenants.
Early preparation is essential. Agents who act now to understand the changes, update their operations, and support their clients through the transition will be best positioned to continue delivering compliant, professional services in the new regulatory environment.
Key date to remember: 1 May 2026 — the date section 21 notices are abolished and periodic tenancies become the standard.
This help sheet is based on the Renters' Rights Act 2025 as it received Royal Assent on 27 October 2025. Agents should monitor official guidance for any updates or clarifications as implementation progresses.
