Short answer
Since 1 May 2026, landlords in England can no longer use section 21 'no fault' notices. To end a private tenancy they must serve notice relying on a ground for possession in Schedule 2 to the Housing Act 1988, as amended by the Renters' Rights Act 2025, and, if the tenant stays, prove that ground in court.
What has happened to section 21 'no fault' evictions?
The Renters' Rights Act abolished section 21 'no fault' evictions for all tenancies, both new and existing. A ban on new section 21 notices came into force on 1 May 2026. From that date, a landlord who wants possession must prove one of the specific grounds set out in the Act instead.
In practice this means a landlord can no longer end a tenancy simply by giving notice with no reason. Every route to possession now runs through a listed ground, each with its own conditions and notice period, and the court's role depends on whether the ground is mandatory or discretionary.
What happens to section 21 notices served before 1 May 2026?
Limited transitional provisions apply, and the outcome depends on whether possession proceedings had been started by 1 May 2026. A notice already in proceedings stays valid until those proceedings are time-barred or concluded. A notice served without proceedings gave the landlord only a short grace period, ending 31 July 2026, to issue a claim.
Proceedings already commenced
Where a landlord had served a valid section 21 notice and commenced possession proceedings before 1 May 2026, that notice remains valid until the proceedings either become time-barred or are concluded.
Notice served but proceedings not yet commenced
Where a valid section 21 notice had been served but proceedings had not been commenced by 1 May 2026, landlords had a maximum of three months from commencement of the Act, that is until 31 July 2026, to commence proceedings. If proceedings were issued within that window, the notice remains valid until time-barred or the proceedings are concluded, and the tenancy remains an assured shorthold tenancy.
What are the mandatory grounds for possession?
Mandatory grounds are those where the court must grant a possession order if any one of them is proven. The Act preserves, amends and widens these grounds. They cover landlords moving in or selling, superior leases ending, student lettings, employment-linked housing, supported and temporary accommodation, redevelopment, death of the tenant, serious antisocial behaviour, immigration status and serious rent arrears.
Moving in, selling and lender sales
- Ground 1: landlord or close family moving in. Cannot be used in the first 12 months of a new tenancy; notice can be given during that period but cannot expire before it ends. Notice period: 4 months.
- Ground 1A: selling the property. Cannot be used in the first 12 months; cannot be used against pre-1 May 2026 non-shorthold ('lifetime') assured tenancies; most social landlords cannot use it. Notice period: 4 months.
- Ground 1B: sale under a Rent to Buy scheme. Private registered providers (PRPs) only; the tenant must have been offered the chance to buy. Notice period: 4 months.
- Ground 2: sale by mortgage lender. Used where mortgage payments have been missed. Notice period: 4 months.
Superior leases ending
- Ground 2ZA: superior lease ending within 12 months. Only available to an agricultural landlord, supported accommodation provider, council-owned (50%+) company, or PRP. Notice period: 4 months.
- Ground 2ZB: fixed-term superior lease ending. The lease must have been a fixed term of over 21 years, and have ended or be ending within 12 months. Notice period: 4 months.
- Ground 2ZC: possession by a superior landlord. Applies after a superior lease ends; the original landlord must be one of the types listed under Ground 2ZA. Notice period: 4 months.
- Ground 2ZD: superior landlord (fixed term). A lease of over 21 years that has expired; the superior landlord must apply within 6 months of the lease reverting. Notice period: 4 months.
Student accommodation
- Ground 4: student accommodation. Universities and colleges only; the property must have been let to students within the prior 12 months. Notice period: 2 weeks.
- Ground 4A: student HMO turnover. An HMO let to full-time students, needed for a new group between 1 June and 30 September; the tenancy must not have been agreed more than 6 months before it started; advance notice is required. Notice period: 4 months.
Employment and occupation grounds
- Ground 5: minister of religion. The property is needed again to house a minister. Notice period: 2 months.
- Ground 5A: agricultural worker moving in. To house an employed or self-employed agricultural worker. Notice period: 2 months.
- Ground 5B: employment-based letting (PRP). PRPs only; the tenant no longer meets the employment criteria and the property is needed for someone who does. Notice period: 2 months.
- Ground 5C: end of employment by the landlord. The tenant is no longer employed by the landlord, or the property is needed for a new employee; also covers police constables. Notice period: 2 months.
- Ground 5D: end of employment requirements (PRP). PRPs only; available from 2027; the tenant no longer meets the conditions (for example, no longer a key worker). Notice period: 2 months.
Supported, temporary and stepping stone accommodation
- Ground 5E: supported accommodation needed again. The property is usually used as supported accommodation and must meet the Act's definition. Notice period: 4 weeks.
- Ground 5F: supported accommodation no longer suitable. Support or funding has ended, or the tenant's needs have changed; must meet the Act's definition. Notice period: 4 weeks.
- Ground 5G: homelessness temporary accommodation. The council has confirmed the housing is no longer needed; proceedings must start within 12 months of the landlord being notified. Notice period: 4 weeks.
- Ground 5H: 'stepping stone' accommodation. Registered social housing providers or charities only; rent under 80% of market rent; the tenant no longer meets the age or work eligibility criteria, or the agreed period has ended. Notice period: 2 months.
Redevelopment, decants and enforcement
- Ground 6: redevelopment or demolition. The tenant cannot live there during the works; usually not available in the first 6 months; social landlords may need to offer alternative accommodation. Notice period: 4 months.
- Ground 6A: decant accommodation. Relevant social landlords only; alternative accommodation must be available on eviction. Notice period: 4 months.
- Ground 6B: compliance with enforcement action. The court can order possession after a legal investigation and may order compensation to the tenant. Notice period: 4 months.
Death, behaviour, immigration and serious rent arrears
- Ground 7: death of the tenant. Generally cannot be started more than 12 months after the death; succession rules apply, and it cannot be used against a spouse or partner who succeeded to the tenancy. Notice period: 2 months.
- Ground 7A: severe antisocial or criminal behaviour. A conviction, breach of an antisocial behaviour order, or a closure order of 48 hours or more. No notice period, but no order can be made for 14 days from notice.
- Ground 7B: no right to rent. Triggered by a Secretary of State notice under immigration law. Notice period: 2 weeks.
- Ground 8: serious rent arrears. At least 3 months' arrears (monthly rent) or 13 weeks' arrears (weekly or fortnightly rent) both at notice and at the hearing; does not apply if the arrears are due to delayed Universal Credit. Notice period: 4 weeks.
What are the discretionary grounds for possession?
Discretionary grounds are those where the court decides whether eviction is reasonable, even where there is evidence against the tenant. They cover suitable alternative accommodation, lower-level or persistent rent arrears, breaches of the tenancy, damage to the property or furniture, antisocial behaviour, domestic abuse, rioting, false statements and non-cooperation in supported accommodation.
Alternative accommodation and rent arrears
- Ground 9: suitable alternative accommodation. The tenant has been offered other suitable accommodation. Notice period: 2 months.
- Ground 10: any rent arrears. Rent owed below the Ground 8 threshold; granted only if the court finds it reasonable. Notice period: 4 weeks.
- Ground 11: persistent arrears. The tenant has repeatedly paid rent late. Notice period: 4 weeks.
Breach, damage and conduct
- Ground 12: breach of tenancy. Breach of a tenancy term not related to rent. Notice period: 2 weeks.
- Ground 13: deterioration of the property. The tenant has let the property's condition get worse. Notice period: 2 weeks.
- Ground 14: antisocial behaviour. By the tenant, someone living with them, or a visitor; can include a serious offence committed nearby. No notice period, but no order can be made for 14 days from notice.
- Ground 14A: domestic abuse. Social landlords only; the partner or cohabitee has left and is unlikely to return. Notice period: 2 weeks.
- Ground 14ZA: rioting. The tenant or another adult in the household has been convicted of a riot offence. Notice period: 2 weeks.
- Ground 15: deterioration of furniture. The tenant has let the furniture's condition get worse. Notice period: 2 weeks.
- Ground 17: false statement. The property was obtained through false information given by the tenant or someone acting for them. Notice period: 2 weeks.
- Ground 18: supported accommodation non-cooperation. The tenant is not co-operating with support; must meet the Act's definition. Notice period: 4 weeks.
What should you do next?
- Identify which ground fits your situation and whether it is mandatory (the court must order possession) or discretionary (the court decides if it is reasonable).
- Check any timing restrictions, such as the 12-month bar on Grounds 1 and 1A for new tenancies, and use the correct notice period for the ground.
- Serve notice on the prescribed Form 3A and keep proof of service. A defective notice can mean starting again.
- Gather your evidence early: rent statements for arrears, sale or move-in evidence, or records of antisocial behaviour.
- Tenants: do not leave just because you receive a notice. Only a court order and, if needed, a bailiff can lawfully remove you.
- Ask Libra about your own situation, and if you need a professional, find a lawyer or clinic through Libra.
Frequently asked questions
Can a landlord still use a section 21 notice served before 1 May 2026?
Only if proceedings were issued in time. If a valid notice was served before 1 May 2026, the landlord had until 31 July 2026 (or earlier, if the notice expired sooner) to start a court claim. If no claim was issued in that window, the notice can no longer be used.
What is the difference between a mandatory and a discretionary ground?
If a landlord proves a mandatory ground, the court must make a possession order. For a discretionary ground, the court also has to be satisfied that it is reasonable to order possession, and it can instead adjourn the case or make a suspended order on conditions, such as paying off arrears.
Can I be evicted for rent arrears if I am waiting for Universal Credit?
Not under the mandatory Ground 8 if the arrears exist only because a Universal Credit payment has not yet been made. The landlord could still try a discretionary arrears ground, where the court decides whether eviction is reasonable in all the circumstances.
Can a landlord who sells or moves in re-let the property?
Not straight away. If a landlord gains possession on the moving-in or selling grounds, they are restricted from re-letting or marketing the property for rent for 12 months. Breaking this rule can lead to a council fine and a rent repayment order.
How long does the court process take?
It varies by court. After the notice period ends, the landlord must issue a claim, attend a hearing and, if the tenant still does not leave, apply for a warrant for bailiffs. The whole process commonly takes several months, so landlords should plan ahead and keep evidence organised.
Ask Libra
- Which ground for possession can I use to sell my rented house?
- How much notice do I have to give under Ground 1A?
- My tenant owes two months' rent. Can I evict them?
- Is my section 21 notice from March 2026 still valid?
- Can my landlord evict me in the first year of my tenancy?
- What happens at a possession hearing?
Sources
- Renters' Rights Act 2025 (legislation.gov.uk)
- Renters' Rights Act 2025, Schedule 1: grounds for possession (legislation.gov.uk)
- Grounds for possession: guidance for landlords and letting agents (GOV.UK)
- Guide to the Renters' Rights Act (GOV.UK)
- Implementing the Renters' Rights Act 2025: our roadmap (GOV.UK)
This explainer is general information about the law in England as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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