From 2026 onwards, the private rented sector in England will undergo its biggest shake-up in decades. The Government has confirmed that Section 21 “no-fault” notices will be abolished following the passing of the Renters’ Rights Act 2025. This change will fundamentally alter how landlords regain possession of their properties.
While the Government has not yet published the final official commencement date, industry guidance, legal commentary and Government briefings all indicate that the abolition of Section 21 will take effect around April 2026 (some analysis points to 1 April or 1 May 2026 as the likely implementation date).
What follows is a detailed summary for landlords of the final dates to serve Section 21 notices, the deadline for issuing court proceedings, and what the system will look like after Section 21 is removed.
Key Deadlines for Section 21 Notices
1. Last Date to Serve a Section 21 Notice
The key rule is simple:
You must serve any Section 21 notice before the official commencement date of the new legislation.
If the Government confirms April 2026 as the start date, that means:
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The last day to serve a Section 21 notice would be 31 March 2026 (if commencement is 1 April);
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Or 30 April 2026 (if commencement is 1 May, as some legal estimates suggest).
After the commencement date:
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No new Section 21 notices can be issued.
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Any Section 21 attempt served after the commencement date will be invalid.
2. Deadline to Issue Court Proceedings
Serving a Section 21 notice before the deadline is not enough.
You must issue the claim for possession within the transitional period, otherwise the notice becomes unusable.
Current expectations are that:
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Court action must be started within the usual 6-month life of the notice,
or -
Within 3 months of the commencement date (whichever comes first).
Some legal interpretations suggest a hard cut-off of 31 July 2026 for issuing claims if commencement occurs on 1 May 2026.
The Government will publish the definitive dates in the commencement regulations — but the message is clear:
If you plan to use Section 21, you must act well before April 2026.
What Replaces Section 21?
With Section 21 abolished, the only route to possession will be through the statutory grounds of Section 8, which are being revised and expanded.
1. All Possession Will Be “Grounds-Based”
Landlords will need to rely on one of the legally defined reasons to recover their property, such as:
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Serious rent arrears
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Breach of tenancy
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Anti-social behaviour
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Moving into the property
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Selling the property
These grounds will be strengthened and clarified under the new system.
2. New and Strengthened Grounds
Under the post-2026 regime, landlords will gain:
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A clearer ground to sell the property, without relying on no-fault eviction.
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A strengthened ground to move back in (or move in a family member).
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More robust grounds for dealing with anti-social behaviour.
However, the notice periods for some of these grounds will be longer than the 2-month Section 21 period, particularly where the landlord intends to sell or occupy the property.
3. Evidence Requirement
Unlike Section 21, landlords will need to provide evidence:
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Tenancy breaches
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Rent arrears schedules
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Genuine intention to sell or move in
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Documentation of anti-social behaviour
This means process, record-keeping, and compliance must be more robust than before.
Will Regaining Possession Become More Onerous?
In many cases, yes, the process will become more structured and potentially slower.
Key Challenges for Landlords After Abolition
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No automatic 2-month route to regain possession.
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More paperwork and evidence required to meet the Section 8 criteria.
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Longer notice periods on certain grounds.
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Greater likelihood of disputes, meaning more cases may end up in court.
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Higher risk of delay if the courts experience increased pressure.
This does not mean landlords will be unable to repossess their properties — but it does mean the system will require planning, documentation, and strict compliance with the statutory grounds.
What Landlords Should Do Now
1. Review your portfolio
If you anticipate selling a property, ending a tenancy, or recovering possession for business or personal reasons, act before the 2026 deadline.
2. Ensure any Section 21 served now is fully compliant
This means:
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Deposit correctly protected
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Prescribed information served
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Gas safety and EPC in place
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“How to Rent” guide issued
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Correct notice period used
3. Strengthen your tenancy management
Robust records will be essential when Section 8 becomes the sole route.
4. Prepare for a different legal landscape
The end of Section 21 marks the end of the AST model as we know it. Tenancies will become more stable, and landlords will need to operate within a more regulated framework.
Summary
The abolition of Section 21 will fundamentally reshape the private rented sector.
Expected key dates:
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Last day to serve Section 21: Likely 31 March or 30 April 2026 (depending on final Government commencement date).
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Deadline to issue possession claim: Likely by July 2026 under transitional rules.
After this date:
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No-fault evictions end.
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All possession will rely on strengthened Section 8 grounds.
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The process becomes more structured, evidence-based and, in some cases, slower.
Landlords should assess their tenancies now and act early if they wish to take advantage of the Section 21 route before it disappears.
This article is provided for general information only. NetRent does not provide legal advice. The content represents our understanding of rental property law.
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