Section 21 abolition: what landlords must do before October

Section 21 of the Housing Act 1988 will cease to apply to assured tenancies in England from 1 October 2026. The commencement order was laid before Parliament on 4 May 2026, confirming the date. From that point, no new Section 21 notice may be served. Notices already served before 30 September remain valid for their stated period.

What is actually changing

The abolition of Section 21 removes the no-fault possession route. Landlords who wish to recover possession must rely on grounds under Section 8 of the Housing Act 1988, as amended by the Renters' Rights Act.

The Act introduces several new mandatory grounds and extends existing ones. Ground 1A, the sale of the property, becomes mandatory and carries a four-month notice period. Ground 1, landlord or family member occupation, is strengthened, also with a four-month notice period. The six-month moratorium on using grounds 1 and 1A after the start of a tenancy also applies.

All assured tenancies become periodic from 1 October. Fixed-term tenancies continue to the end of their fixed term but convert automatically to a monthly periodic tenancy at expiry. The concept of an assured shorthold tenancy is abolished.

What landlords need to check before October

Tenancy agreements. Any standard agreement that references Section 21 or describes the tenancy as an assured shorthold tenancy will need updating. Agreements that include clauses about fixed terms, break clauses, or notices to quit will also need review.

Notices in flight. If you have a Section 21 notice served before 1 October, check the stated expiry date carefully. You may still pursue possession through the court after 1 October on the basis of a valid pre-October notice, but only if proceedings are issued within the notice's validity period.

Section 8 grounds. Review which grounds are likely to be relevant to your circumstances. If you may wish to sell or move back into the property within the next 12 months, serving appropriate notice before 1 October, or being prepared to use grounds 1 or 1A promptly after October, may be relevant.

Letting agent instructions. If your properties are managed, brief your agent now on the changed regime. Ensure their procedures for handling possession, tenancy renewals, and periodic conversions are updated.

The broader context

The Renters' Rights Act also introduces a Decent Homes Standard for the private rented sector, new rules on rent increases, and restrictions on discrimination against tenants in receipt of benefits. Section 21 abolition is the most significant single change, but landlords should treat October 2026 as a comprehensive review point for their compliance position rather than a single-item checklist.

The government has indicated that county court procedures for Section 8 proceedings will be updated before October to reflect the new grounds and notice periods. We will brief subscribers on those procedural changes as they are confirmed.