Evicting Section 21: The Final Notice – Landlords Beware

Whether you're considering serving notice or continuing with your current tenants, the end of section 21 brings major compliance obligations. This update outlines what every landlord needs to know ahead of the reforms.

For private residential landlords in England, 30 April 2026 is your final opportunity to serve a section 21 "no-fault" eviction notice. From 1 May 2026, section 21 is abolished for good under the Renters Rights Act 2025 (RRA), fundamentally changing how landlords can recover possession from residential tenants. 

Why 30 April 2026 matters?

After this date:

• Landlords cannot serve a section 21 eviction notice, even if the tenancy agreement allows for this. 
• All existing assured shorthold tenancies will automatically convert into rolling assured periodic tenancies. 
• Recovering possession will only be possible using section 8 where one of the defined statutory grounds can be proven. 

If you are a residential landlord considering recovering possession under section 21, action is required now. Notices must be validly served by 30 April 2026, with sufficient time allowed for service. Landlords must ensure that the tenant's deposit has been returned, or that written information has been provided about the applicable deposit protection scheme. Landlords should also factor in the time needed to ensure full compliance - a section 21 notice will only be effective if the tenant has been provided with:

• A current gas safety certificate; 
• the property's Energy Performance Certificate (EPC); and 
• the Government's “How to Rent” guide. 

Gathering this documentation (and remedying any historic gaps) is not always straightforward and any issues should therefore be addressed well in advance of the deadline.

Keeping residential tenants in situ? Your 1 May 2026 and 31 May 2026 Checklists:

If landlords are not planning to terminate existing tenancies and instead intend to keep residential tenants in occupation beyond 1 May 2026, there are important compliance steps which first need to be considered.

From 1 May 2026:

• Fixed terms fall away – all tenancies will become rolling (typically monthly) tenancies. 
• Rent review clauses will no longer operate; future proposed increases must follow the statutory process in Section 13 of the Housing Act 1988 (as introduced by the RRA).
• Tenants will gain new rights, including the ability to request a pet (which cannot be unreasonably refused). 
• Review your mortgage, insurance, and tenancy agreement documents for clauses that restrict tenants with children or those receiving benefits. These will now be nullified as part of measures to prevent rental discrimination.
• Plan now to make sure any property lettings adverts that you (or an agent) intend to publish after 1 May 2026 include the asking price. You won't be able to ask for, encourage, or accept offers above this price from that date.

The Government has today published the Renters' Rights Act Information Sheet, which must also be provided to tenants by no later than 31 May 2026. 

Where no written tenancy agreement exists, landlords must instead provide a written summary of the key terms (or a full written agreement) by the same date. 

Student accommodation – your 31 May 2026 Checklist:

For landlords of student accommodation, the RRA introduces a separate possession route. Where a property is let to full-time students, landlords may be able to rely on possession ground 4A, which allows possession provided that four months' notice is given, with the notice period ending between 1 June and 30 September. 

However, this ground is only available if the landlord has previously given the tenant written notice confirming that ground 4A may be relied on. That notice must be given by no later than 31 May 2026, and importantly the Renters' Rights Act Information Sheet will not usually satisfy this requirement — a separate written notice is required.

Which tenancies fall outside the scope of the RRA regime?

The RRA does not apply to all residential arrangements. Its reforms are limited to assured tenancies governed by the Housing Act 1988, meaning that tenancies falling outside that statutory framework are not subject to the new assured periodic tenancy regime.

Tenancies which fall outside the net of assured shorthold tenancies include:

• Fixed term tenancies of more than 21 years from the date of grant;
• Fixed term tenancies of less than 21 years (but more than 7 years) which were entered into before the RRA was passed on 27 October 2025; during the short transitional period that followed until 27 December 2025; or pursuant to a contract entered into during that window;
• Agricultural tenancies – in which specifically agricultural land exceeding 2 acres is let together with a dwelling;
• Business tenancies  – in which the property is occupied for the significant (rather than incidental) purpose of the tenant's business;
• High-value tenancies  – where the annual rent is more than £100,000 per annum; and
• Low or minimal rent tenancies  – where no rent is paid, or where the annual rent is £1,000 or less in Greater London, or £250 or less elsewhere.

Serious consequences for not complying with the RRA

Failure to comply with these new legal requirements could be costly. If a landlord does not meet its obligations, the local council has a range of enforcement powers, including:

• Financial penalties of up to £7,000 or £40,000, depending on the seriousness of the breach.
• Prosecution in the Magistrates' Court, where a landlord could face an unlimited fine.

In addition to these sanctions, certain offences could lead to a Rent Repayment Order. This means that a landlord may be required to repay up to two years' rent to its tenant or to the local council.

With these significant risks in mind, now is the time to make sure all residential landlords fully understand the new requirements and have everything in place well ahead of the deadline.

Conclusion 

The abolition of section 21 marks one of the most significant shifts in residential landlord regulation. Whether you are exiting the residential market, restructuring portfolios, or continuing with existing lettings, early planning is critical. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.