Section 21 abolished: what landlords must do now

What changed on 1 May 2026

Under the Renters' Rights Act 2025, new private tenancies in England have no fixed term. Existing assured shorthold tenancies became assured periodic tenancies on 1 May, even part-way through a fixed term, unless a valid Section 21 or Section 8 notice was already running.

The last Section 21 notices had to be used by 31 July 2026 at the latest, so that route has now closed.

Other rules started on 1 May too. Existing written tenancies needed the government's Renters' Rights Act Information Sheet, which replaced the How to Rent guide, and new ones get a written statement of terms. Rent can go up only once a year, rental bidding is banned, and pet requests need a written answer within 28 days.

Why Section 8 is different

Section 21 didn't need a reason. With a valid notice and your paperwork in order, the court had to give you possession.

Under Section 8 you need a ground, such as rent arrears, anti-social behaviour, selling the property, or you or a family member moving in. Each has its own conditions and notice period, and the claim goes to a hearing where the tenant can dispute it.

If you took a deposit and didn't protect it or serve the prescribed information, the court can't make a possession order on any ground except 7A and 14, which cover anti-social behaviour, until you put it right. That includes rent arrears.

What you need to prove under Section 8

For Ground 8, the serious arrears ground, you need a rent record showing at least three months' arrears (13 weeks if rent is paid weekly or fortnightly), both when you served notice and at the hearing.

For possession, the gas safety record and Energy Performance Certificate (EPC) only ever mattered under Section 21, and neither affects a Section 8 claim. A missing gas safety record or Electrical Installation Condition Report (EICR) can still bring a penalty, including up to £40,000 from the council for electrical safety breaches.

On a discretionary ground, such as Ground 10 or 11, the court also has to consider it reasonable to make the order, looking at all the circumstances. A dated record of what you gave the tenant is easier to rely on there than “I'm sure I gave them everything.”

Which documents matter most

The documents you have to give tenants are much as before: the EPC, gas safety record (CP12), EICR, deposit prescribed information and, for new tenancies, the written statement of terms.

You still need to show you gave them. If a tenant or a council says one never arrived, a dated record is what you point to. Without one, it's your word against theirs.

The type of records you need

A good record names the document and version, says when you gave it and when the tenant opened or acknowledged it, and was made at the time. “Gas safety record opened by the tenant on 15 January 2026 at 09:41” is hard to argue with.

An email in your sent folder shows you sent something, but not that it arrived or was opened. A clause in the tenancy agreement saying the tenant received everything helps, but it can be challenged.

The difference shows if a case ever reaches court or a tribunal.

What you must do now

If you haven't done these yet, start now.

Check the Information Sheet went out. Every tenant named on a written tenancy that began before 1 May 2026 should have had it by 31 May. If anyone missed it, give it now as a PDF attachment or on paper, because a link doesn't count.

Check what you can show. For each property, do you know when each tenant got each document? The Act doesn't require records, but they're your evidence. Start with the deposit certificate and prescribed information, because the deposit rules decide whether a court can make a possession order.

Update your routine for new tenancies. Give the written statement of terms before the tenancy is entered into, the gas safety record and EICR before the tenant moves in, and the deposit prescribed information within 30 days beginning with the day you receive the deposit.

Use Form 4A for rent increases. Serve it at least two months before the new rent starts, by email only if the tenancy agreement allows that, and keep a dated copy.

Why digital record-keeping helps

Keeping this up with paper files and email threads is hard. A system built for landlord records can:

• Keep each property's documents in one place
• Share them with tenants through a link
• Log the date and time each tenant opens one
• Record when a tenant confirms they've received it
• Produce a PDF report of what was delivered and acknowledged
• Remind you before certificates expire

The log fills in as you go, so each entry is made at the time.

What about existing tenancies?

Existing private tenancies follow the new rules too. A tenancy kept as an assured shorthold by a notice served before 1 May converts when the notice lapses or the court case ends, and you then have one month to give the Information Sheet.

If your records for a tenant are thin, share the current certificates again through something that logs when they're opened. If you're unsure the prescribed information was served, serve it again so it can't hold up a possession claim.

The bigger picture: professional management

Council civil penalties now go up to £40,000, and more of the Renters' Rights Act is still to come: the Private Rented Sector Database, which opens on 15 December 2026 and becomes compulsory region by region, starting with the West Midlands; a landlord ombudsman, expected in 2028; the Decent Homes Standard, which applies to private rented homes from 2035; and Awaab's Law, which has no start date for private renting yet.

Each adds to what you may one day need to show, so keep a dated record as you go.