Last updated: June 26, 2026
Quick Answer: The Renters' Rights Act 2025 received Royal Assent on 27 October 2025 and commenced on 1 May 2026, abolishing Section 21 'no-fault' evictions for all private tenancies in England. From that date, every existing assured shorthold tenancy automatically converted to an assured periodic tenancy, and landlords must now rely on specific statutory grounds to recover possession. This is the most significant change to the private rented sector in a generation.
Key Takeaways
- Section 21 'no-fault' evictions were abolished for all tenancies — new and existing — from 1 May 2026 [6]
- All assured shorthold tenancies (ASTs) automatically became assured periodic tenancies on 1 May 2026 [8]
- Any Section 21 notice served before 1 May 2026 must be acted upon by 31 July 2026; after that date, the notice lapses [5]
- Landlords can still evict tenants but must use one of the updated Schedule 2 grounds under the Housing Act 1988, as amended
- Rent increases are limited to once per year, with at least two months' written notice required [4]
- A mandatory landlord database and a new Private Rented Sector Ombudsman are forthcoming under the Act's implementation roadmap [4]
- The draft Commonhold and Leasehold Reform Bill (published 27 January 2026) signals further structural reform ahead
- Chartered surveyors play a critical role: condition reports, schedules of condition, and dilapidations evidence are now more important than ever
What Is Section 21 of the Renters Rights Act May 2026?
Section 21 of the Housing Act 1988 previously allowed landlords to evict tenants without giving any reason, provided they gave at least two months' notice. The Renters' Rights Act 2025 abolished this power entirely from 1 May 2026. [6]
Under the old regime, a Section 21 notice was often called a 'no-fault' eviction because the landlord did not need to prove any wrongdoing by the tenant. From 1 May 2026, that mechanism no longer exists for any tenancy in the private rented sector in England.
When Did the Section 21 Abolition Take Effect?
The abolition took effect on 1 May 2026, the commencement date set by the government under the Renters' Rights Act 2025 implementation roadmap. [4]
Critically, there was no two-tier transition for new versus existing tenancies. Both were brought into the new regime simultaneously on 1 May 2026 — a departure from earlier drafts of the legislation that had proposed a phased approach. [2]
Key transitional deadline: Any Section 21 notice validly served before 1 May 2026 could still be relied upon, but only if possession proceedings were issued within the earlier of:
- Six months from the date the notice was served, or
- Three months from 1 May 2026 — meaning 31 July 2026 is the hard cut-off [5]
After 31 July 2026, all pre-commencement Section 21 notices lapse and cannot be used.
How Does Abolishing Section 21 Affect Landlords and Tenants?
For tenants, abolition provides genuine security of tenure for the first time in decades. A landlord cannot end a tenancy simply because they want to, prefer a different tenant, or wish to re-let at a higher rent. [8]
For landlords, the change is significant but not prohibitive. Possession is still available — it simply requires a valid ground. Landlords who act reasonably and maintain properties properly are unlikely to find the new system unworkable. Those who relied on Section 21 to avoid dealing with disputes or disrepair will need to change their approach.
Practical impact summary:
| Area | Before 1 May 2026 | After 1 May 2026 |
|---|---|---|
| Eviction without reason | Permitted (Section 21) | Abolished |
| Tenancy type | Assured shorthold tenancy | Assured periodic tenancy |
| Rent increase frequency | Contractual terms varied | Maximum once per year |
| Notice for rent increase | Varied | Minimum 2 months' written notice |
| Possession grounds | Schedule 2 + Section 21 | Schedule 2 only (expanded) |
Can Landlords Still Evict Tenants Without Section 21?
Yes — landlords retain the right to recover possession, but they must rely on one of the statutory grounds set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. [7]
The Act expanded and restructured these grounds. Key grounds include:
- Ground 1A (selling the property): Landlord wishes to sell; six months' notice required; cannot be used in the first 12 months of a tenancy
- Ground 1 (landlord or close family member moving in): Six months' notice; cannot be used in the first 12 months
- Ground 8 (serious rent arrears): At least three months' arrears at both notice and hearing
- Grounds 10 and 11 (persistent arrears or non-payment): Discretionary
- Ground 14 (antisocial behaviour): No minimum notice period
Common mistake: Some landlords assume that serving notice under a ground automatically leads to possession. Courts retain discretion on many grounds, and a well-documented tenancy file significantly improves a landlord's position.
Do Existing Tenancies Get Protection Under Section 21 Abolition?
Yes, fully. Every existing assured shorthold tenancy in England automatically converted to an assured periodic tenancy on 1 May 2026, with no action required by either party. [8]
This means tenants who were mid-tenancy on 30 April 2026 woke up on 1 May 2026 with the full protections of the new Act. There is no grandfathering of old AST terms that conflict with the new regime.
For landlords with existing tenancies, this also means:
- Fixed-term provisions that previously allowed rent reviews at renewal no longer apply in the same way
- Any rent increase must now follow the statutory process (once per year, two months' notice)
- The tenancy continues on a periodic basis indefinitely until ended by a valid ground
What Are the New Grounds for Eviction After Section 21 Is Abolished?
The Renters' Rights Act 2025 introduced new mandatory and discretionary grounds alongside the existing Schedule 2 framework. [7]
Beyond the grounds listed above, notable additions include:
- Ground for repeated rent arrears: Designed to address tenants who clear arrears just before a hearing to defeat Ground 8
- Ground for student accommodation: Allows purpose-built student landlords to recover properties at the end of the academic year
- Ground for supported housing: Specific provisions for specialist tenancies
Landlords should review the full updated Schedule 2 carefully. For a broader view of how property legislation is evolving, see our property market legislation changes overview.
How Does the Renters Rights Act 2026 Change Rent Increases?
Rent increases are now strictly regulated. A landlord may only increase rent once in any 12-month period, and must give the tenant at least two months' written notice using the prescribed form (a Section 13 notice). [4]
Tenants who believe a proposed increase is above the market rate can challenge it at the First-tier Tribunal (Property Chamber). The Tribunal will assess whether the proposed rent reflects the open market rent for the property.
This is where chartered surveyors become directly relevant. A surveyor who can produce a comparable evidence report — drawing on local lettings data and a formal inspection — gives either party a credible basis for the Tribunal hearing. For guidance on what landlords should be providing tenants as a baseline, see our guide on top things a property landlord should provide in an unfurnished apartment.
What Is the Landlord Database and Ombudsman Service?
The Renters' Rights Act 2025 requires the creation of two new institutions: a mandatory landlord database and a Private Rented Sector Ombudsman. [4]
Landlord database: All private landlords in England will be required to register on a publicly accessible database. Failure to register will prevent landlords from serving valid possession notices. Commencement of this requirement is expected in a later phase of the implementation roadmap.
PRS Ombudsman: Tenants will be able to refer complaints about landlords to the Ombudsman without going to court. Landlords who are not members will face civil penalties. The Ombudsman will have powers to award redress, including financial compensation.
Both measures are designed to raise standards and accountability across the sector. For landlords managing multiple units, understanding these obligations sits alongside existing block management and tenancy contract responsibilities.
What Should Landlords Do Now That Section 21 Is Abolished?
Landlords who act promptly will be better placed than those who wait. The following steps are practical and time-sensitive.
Immediate actions:
- Confirm whether any pre-1 May 2026 Section 21 notice is still valid (check the 31 July 2026 deadline) [5]
- Commission a detailed schedule of condition for each property to establish a baseline for dilapidations claims at the end of the tenancy
- Review all tenancy agreements to ensure they reflect the new periodic structure
- Set up a compliant rent review process using Section 13 notices
Ongoing compliance:
- Register for the landlord database when it opens
- Join an approved Ombudsman scheme ahead of the mandatory deadline
- Keep maintenance records: under the new grounds, evidence of a well-maintained property strengthens possession claims and weakens disrepair defences
A schedule of condition prepared by a chartered surveyor at the start of a periodic tenancy provides defensible, photographic and written evidence of the property's state — essential for dilapidations disputes at the end. For a deeper look at dilapidations protocols, see our dilapidations protocols explained guide.
What Should Tenants Do to Prepare for the Section 21 Changes?
Tenants now have stronger security of tenure, but should still take practical steps to protect their position.
- Document the property's condition at the start and throughout the tenancy, ideally with dated photographs
- Understand the new rent increase rules: a landlord cannot increase rent more than once a year, and you have the right to challenge an above-market increase at the First-tier Tribunal
- Know the valid grounds: if a landlord serves a possession notice, check which ground is cited and whether it has been correctly applied
- Use the Ombudsman: once operational, the PRS Ombudsman offers a free route to resolve disputes without court proceedings
Tenants can also find practical guidance on their rights and costs in our tenant fee and rent guide.
Are There Exceptions to Section 21 Abolition?
No broad exemptions exist. The abolition applies to all assured tenancies in the private rented sector in England, regardless of when the tenancy started. [8]
However, certain tenancy types fall outside the assured tenancy framework entirely and are therefore unaffected:
- Company lets (not assured tenancies)
- Holiday lets
- Tenancies with annual rents above the upper limit for assured tenancies
- Resident landlord lettings (lodger arrangements)
Landlords operating in these categories should verify their tenancy type carefully, as misclassification carries significant legal risk.
What Is the Draft Commonhold and Leasehold Reform Bill?
Published on 27 January 2026, the draft Commonhold and Leasehold Reform Bill builds on the March 2025 Commonhold White Paper and signals the next wave of property reform beyond the private rented sector.
The Bill proposes to make commonhold the default tenure for new residential flats, phasing out the long leasehold model. For existing leaseholders, it strengthens rights around enfranchisement and lease extensions. This has direct implications for landlords with leasehold investment properties and for managing agents.
For those with leasehold interests, understanding current leasehold extension and enfranchisement valuations is a sensible precaution given the pace of legislative change. The Bill also intersects with service charge management and ground rent collection obligations for block managers.
Practical Implications for Chartered Surveyors
The Renters' Rights Act May 2026 Section 21 abolished landlords tenants landscape creates a clear and growing demand for professional surveying services in the private rented sector.
Condition reports and schedules of condition: With tenancies now running indefinitely as periodic tenancies, the starting condition of a property is the benchmark for all future dilapidations claims. A RICS-compliant schedule of condition, prepared at commencement, is no longer optional best practice — it is essential risk management.
Dilapidations: End-of-tenancy dilapidations claims will become more complex as tenancies run longer. Surveyors instructed to prepare or respond to dilapidations schedules should ensure their reports address the supersession principle and betterment carefully. See our detailed dilapidations protocols explained resource for the current framework.
Rent review evidence: First-tier Tribunal hearings on disputed rent increases require comparable evidence. Surveyors who can produce structured, evidenced comparable reports will find this a growing area of instruction.
New property management laws continue to reshape landlord obligations — staying current is essential for any professional advising clients in this sector. Our new property management laws article covers the broader regulatory picture.
Conclusion
The Renters Rights Act May 2026 Section 21 abolished landlords tenants framework represents a fundamental reset of the private rented sector in England. Section 21 is gone. Every assured shorthold tenancy is now a periodic tenancy. Rent increases are capped to once a year with proper notice. And two new institutions — the landlord database and the PRS Ombudsman — are on their way.
Actionable next steps:
- Landlords with pre-May 2026 Section 21 notices must act before 31 July 2026 or those notices lapse
- Commission a schedule of condition for every tenancy now running as a periodic tenancy
- Review and update rent review procedures to comply with the Section 13 notice requirement
- Monitor the government's implementation roadmap for the landlord database registration window
- Leaseholders and block managers should track the draft Commonhold and Leasehold Reform Bill closely
- Tenants should document property condition and familiarise themselves with the First-tier Tribunal process for rent disputes
The legislation is live. Waiting is not a strategy.
Frequently Asked Questions
Q: Was Section 21 abolished for existing tenancies or only new ones from 1 May 2026?
A: Both. The Renters' Rights Act 2025 abolished Section 21 for all private tenancies in England simultaneously on 1 May 2026, with no phased transition between old and new tenancies. [8]
Q: What happens to a Section 21 notice served before 1 May 2026?
A: It remains valid only if possession proceedings are issued within six months of service, and no later than 31 July 2026 — whichever is earlier. After 31 July 2026, the notice lapses. [5]
Q: Can a landlord still ask a tenant to leave if they want to sell the property?
A: Yes, under Ground 1A, but only after the first 12 months of the tenancy and with six months' notice. The landlord must genuinely intend to sell. [7]
Q: How much notice must a landlord give for a rent increase?
A: At least two months' written notice using a Section 13 notice, and rent can only be increased once in any 12-month period. [4]
Q: What is the new PRS Ombudsman and when does it start?
A: The Private Rented Sector Ombudsman is a new dispute resolution body for tenants with complaints about private landlords. It is being established under the Act's implementation roadmap; the exact commencement date for mandatory membership had not been confirmed as of June 2026. [4]
Q: Does the Renters' Rights Act apply in Scotland or Wales?
A: No. The Act applies to England only. Scotland and Wales have separate legislation governing private tenancies.
Q: What is the draft Commonhold and Leasehold Reform Bill?
A: Published on 27 January 2026, it is a draft Bill proposing to make commonhold the default tenure for new residential flats in England and Wales, building on the March 2025 Commonhold White Paper. It is separate from the Renters' Rights Act but forms part of the same broader property reform programme.
References
[1] Evictions And Section 21 – https://www.totallandlordinsurance.co.uk/knowledge-centre/evictions-and-section-21
[2] Section 21 Abolition – https://theindependentlandlord.com/section-21-abolition/
[3] Landlords Now To Fulfil New Legal Duty For Renters Rights Act – https://www.gov.uk/government/news/landlords-now-to-fulfil-new-legal-duty-for-renters-rights-act
[4] Implementing The Renters Rights Act 2025 Our Roadmap For Reforming The Private Rented Sector – https://www.gov.uk/government/publications/renters-rights-act-2025-implementation-roadmap/implementing-the-renters-rights-act-2025-our-roadmap-for-reforming-the-private-rented-sector
[5] Giving Notice Of Possession To Tenants Before 1 May 2026 – https://www.gov.uk/guidance/giving-notice-of-possession-to-tenants-before-1-may-2026
[6] Historic Renters Rights Act Becomes Law – https://www.gov.uk/government/news/historic-renters-rights-act-becomes-law
[7] Renters Rights – https://www.nrla.org.uk/resources/renters-rights
[8] The Renters Rights Act Information Sheet 2026 – https://assets.publishing.service.gov.uk/media/69bc04b8f7b1c24d8e23ce60/The_Renters__Rights_Act_Information_Sheet_2026.pdf
[9] Watch – https://www.youtube.com/watch?v=euDn-YIjEnM
[10] What Landlords And Agents Need To Know Before Section 21 Ends In May 2026 – https://www.higgsllp.co.uk/articles/what-landlords-and-agents-need-to-know-before-section-21-ends-in-may-2026