This article is for general information only and does not constitute legal advice. Consult a solicitor if you are pursuing possession proceedings.
Section 21 of the Housing Act 1988 allowed landlords to end an assured shorthold tenancy without giving a reason. That option ended at 4:30pm on 30 April 2026, when Phase 1 of the Renters' Rights Act 2025 came into force. From 1 May 2026, the only route to regaining possession of a residential property in England is through Section 8 of the Housing Act 1988, as amended.
If you are a landlord who relied on Section 21 as a backstop, you need a different plan.
The transitional rules
If you served a valid Section 21 notice before 1 May 2026, it does not disappear overnight. According to Wedlake Bell, any existing Section 21 notice remains valid provided you begin court proceedings by the earlier of six months from the date of the notice or 31 July 2026.
After 31 July 2026, no court will accept a possession claim based on Section 21, regardless of when the notice was served.
If you served a Section 21 notice in early 2026 and have not yet filed at court, the deadline is approaching. Delays in county court listing times (which currently run to several months in many areas) mean filing quickly matters even if the hearing date falls later.
Every tenancy is now periodic
From 1 May 2026, every AST in England converted to an assured periodic tenancy. Fixed-term clauses in existing contracts are void. Any tenancy created after 1 May is periodic from day one.
This is not optional, and it does not depend on whether you update your tenancy agreement. The conversion happened by operation of law under Section 3 of the Renters' Rights Act 2025.
Tenants can leave by giving two months' written notice at any point. Landlords cannot include break clauses, minimum terms, or penalties for early departure. A tenant who moved in on 2 May 2026 can give notice on 3 May and leave by 3 July.
How to regain possession now
Landlords who want to recover their property must serve a Section 8 notice citing one or more of the grounds for possession listed in Schedule 2 of the Housing Act 1988, as expanded by Schedule 1 of the Renters' Rights Act 2025.
The number of available grounds has increased from 17 to 37. For a full breakdown of every ground, notice period, and evidential requirement, see our Section 8 grounds guide.
The most commonly used grounds for BTL landlords are:
Ground 1 (landlord wishes to occupy): The landlord intends to live in the property as their only or principal home. Four months' notice. Cannot be used in the first 12 months of the tenancy. Mandatory ground, meaning the court must grant possession if the ground is made out.
Ground 1A (landlord wishes to sell): The landlord intends to sell the property. Four months' notice. Cannot be used in the first 12 months. Mandatory ground. The landlord must demonstrate a genuine intention to sell, not use this as a workaround.
Ground 8 (serious rent arrears): The tenant owes at least two months' rent both at the date the notice is served and at the date of the hearing. Four weeks' notice. Mandatory ground.
Ground 14 (anti-social behaviour): The tenant or someone living with them has been guilty of conduct causing nuisance or annoyance. The Renters' Rights Act expanded this ground and it can be used immediately (no minimum tenancy period).
The 12-month restriction
Grounds 1, 1A, and several other new grounds cannot be served during the first 12 months of a tenancy. This prevents landlords from letting a property, collecting 12 months' rent, and then using a "selling" or "moving in" ground to remove the tenant.
The 12-month clock starts from the beginning of the current tenancy. For existing tenancies that converted on 1 May 2026, MHCLG guidance states the clock runs from the original start date, not the conversion date. A tenant who has been in place since 2022 can be served a Ground 1A notice now if you intend to sell.
Court timelines
Section 8 possession claims go through the county court. Current waiting times vary by region. According to data from Legal for Landlords, Birmingham, Croydon, and Slough have among the longest court hearing waits. The process from serving notice to bailiff enforcement can take six to twelve months in a contested case.
Accelerated possession (which previously applied to Section 21 claims) is not available for Section 8. Every claim requires a hearing.
If you are relying on Ground 8 (rent arrears), the tenant can frustrate the claim by reducing the arrears below two months' rent before the hearing date. Some landlords have experienced this repeatedly.
Practical steps
If you served a Section 21 notice before 1 May 2026 and have not filed a possession claim, file before 31 July 2026 or the notice is dead.
Review every tenancy in your portfolio. Each one is now periodic. Update your record-keeping to reflect this.
If you plan to sell a property with a tenant in situ, serve Ground 1A with four months' notice and be prepared to demonstrate genuine sale intent (instructing an agent, getting a valuation).
Budget for longer void periods between tenancies. The old model of timing a Section 21 to align with a planned refurbishment or sale is no longer available.
Consider whether your landlord insurance covers legal expenses for possession proceedings. A contested Section 8 claim can cost £3,000 to £5,000 in legal fees.
Review your tenant referencing and deposit protection processes. Prevention is cheaper than possession.
Sources
- Renters' Rights Act 2025, legislation.gov.uk. https://www.legislation.gov.uk/ukpga/2025/26/contents [Accessed 6 May 2026]
- Wedlake Bell, "Guide for private landlords in England". https://wedlakebell.com/insights/renters-rights/the-renters-rights-act-2025/ [Accessed 6 May 2026]
- House of Commons Library, "Renters' reform in England: what's happening and when?". https://commonslibrary.parliament.uk/renters-reform-in-england-whats-happening-and-when/ [Accessed 6 May 2026]