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Section 21 is gone: what letting agents do now

Section 21 ended on 1 May 2026. Tenancies are assured periodic, possession runs through Section 8, and the rent review has replaced the renewal. What changes for agents.

Abide.Rent · Editorial · 15 notes

England, private rented sector. Not legal advice.

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Quick answer

Section 21 ended on 1 May 2026. Tenancies in England became assured periodic, so there are no fixed terms to end or renew. Possession now needs a Section 8 notice on a named ground. Rent goes up by Section 13 notice, once every 52 weeks. For agents, the work moves from renewals and no-fault notices to rent reviews, proof of service and keeping every landlord registered.

What actually ended

Section 21 was the no-fault route to possession under the Housing Act 1988. The Renters’ Rights Act 2025 abolished it on 1 May 2026.

Fixed terms became assured periodic tenancies on the same date. A landlord still cannot end an assured tenancy with a notice to quit.

Possession: Section 8 only

Possession of an assured tenancy now uses a Section 8 notice, on a named ground, with the notice period that ground requires. Take advice before serving one.

  • Ground 8, rent arrears: at least 3 months’ rent unpaid, or 13 weeks if rent is paid weekly. 4 weeks’ notice.
  • Once registration is required for the property, an unregistered landlord cannot obtain a possession order except on grounds 7A or 14.
  • The deposit must still be protected within 30 days.

Registration matters more because Section 21 is gone. With no no-fault route, an unregistered property loses most of what is left.

Check when registration bites for each property with the free PRS Database deadline checker.

Section 8 grounds most agents will use

Ground What it covers Type Minimum notice
1 Landlord or close family to live there (not in the first 12 months) Mandatory 4 months
1A Landlord intends to sell (not in the first 12 months) Mandatory 4 months
2 Mortgage lender repossessing Mandatory 4 months
6 Demolition or substantial works Mandatory 4 months
8 Serious arrears: 3 months’ rent (13 weeks if weekly), at notice and at the hearing Mandatory 4 weeks
10 Some rent unpaid Discretionary 4 weeks
11 Persistent late payment Discretionary 4 weeks
12 Breach of a tenancy term Discretionary 2 weeks
13 Deterioration of the property Discretionary 2 weeks
14 Nuisance or anti-social behaviour Discretionary Proceedings can start straight away

Notice periods are from section 8(4AA) of the Housing Act 1988, as amended by the Renters’ Rights Act. Where a notice names several grounds, the longest period applies.

Gates before any ground

  • Registered on the PRS Database once the regional deadline has passed — otherwise no possession order except on Grounds 7A or 14.
  • The right notice period for every ground named.
  • Evidence for the ground itself: arrears statements for Ground 8, proof of the sale or move-in plan for Grounds 1A and 1.
  • A clean compliance file. A council penalty or an unprotected deposit will be raised at the hearing.

What does not change

  • Gas Safety record every 12 months, with a copy to tenants within 28 days.
  • EICR at least every 5 years, with a copy within 28 days.
  • Deposit protected, and prescribed information given, within 30 days.
  • Right to Rent checked before the tenancy starts.
  • Only Right to Rent and gas safety can move to an agent, and only in writing.

The renewal has become the rent review

With no fixed term, there is no renewal to put a new rent into. Section 13 is the way to increase the rent: at most once every 52 weeks, with at least two months’ notice.

Tenants can refer an increase to the First-tier Tribunal before it starts, and more do. There were 166 market-rent determinations in July 2026, against about 42 a month before the Act.

In Abide.Rent’s analysis of the first 77 tribunal decisions under the new rules, 60% set the rent below the landlord’s proposal, 40% confirmed it, and the median cut was 5%. In 18%, the rent did not go up at all. Contains public sector information licensed under the Open Government Licence v3.0.

What letting agents do now

  • Diarise every rent review from the date the rent last changed, not from the old renewal date.
  • Price each increase from your own achieved lettings, and check the tribunal risk before serving.
  • Keep proof of service for every notice — Section 13 and Section 8.
  • Record the service level per property, and which duties you took in writing.
  • Collect PRS Database details and agree who registers each landlord.
  • Keep the rent history with the property, so a sale or a change of agent does not lose the 52 weeks.

Conversations to have with landlords

Landlords who relied on Section 21 as a backstop need to hear plainly that it has gone.

The useful conversation is about records: arrears tracked accurately, safety records given on time, the property registered. Those are what keep Section 8 open.

Take the whole list into that conversation with the free Renters’ Rights Act compliance checklist.

Where Abide.Rent fits

Abide.Rent does not generate a Section 21 notice. It keeps proof of service for the notices that remain, works out the 52 weeks for each rent review, and holds the PRS Database numbers on the property file. Anything attached to a live notice, tribunal referral or possession claim stays readable on any plan.

Abide.Rent tracks this for every property you manage. Free for a month, no card.

Not legal advice.