MARCHBANK & VALE ASSOCIATES Instruct us

MV/N-020 · Possession

Section 21 is gone. What actually changed on 1 May

The headline is that no-fault eviction has ended. The more useful point for anyone holding property is that every tenancy in the country changed shape on the same morning.

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. The operative dates followed: 30 April 2026 was the last day a section 21 notice could lawfully be served, and on 1 May 2026 section 21 ceased to exist.

On the same date, existing and new assured shorthold tenancies converted automatically to assured periodic tenancies. No document was signed and no notice was required. The conversion happened by operation of law.

A landlord can now end a tenancy only on a ground specified by statute, and only with a court's agreement. A tenant can end it on two months' notice, at any time.

The asymmetry is the point

Under the old regime a fixed term bound both parties. Under an assured periodic tenancy the tenant may leave on two months' notice while the landlord must establish a ground and obtain an order. For portfolio owners this changes the planning assumption behind void periods, refurbishment schedules and sale timetables.

It also removes the practice, common and never sound, of serving a section 21 notice alongside arrears correspondence as leverage. That option no longer exists. Where a landlord wants possession for arrears, the arrears grounds are the only route, and they must be properly made out.

What did not change

Rent remains a contractual debt. The obligation to pay it, the ability to sue for it, and the six-year limitation period under the Limitation Act 1980 are untouched. The Pre-Action Protocol for Debt Claims still governs how a demand must be made before proceedings.

This is worth stating plainly because a good deal of commentary has treated the Act as though it removed a landlord's remedies. It did not. It removed one route to possession and tightened another. The money claim sits where it always sat.

The documents that now matter

Landlords who kept careful records are largely unaffected in substance. Those who relied on section 21 to avoid ever proving anything are in a materially different position, and the first arrears case is not the moment to discover it.

A note on what this is. This is commentary on a development in the law and its practical consequences. It is not legal advice and must not be relied on as such. Marchbank & Vale Associates is not a firm of solicitors and does not provide reserved legal services. Where a matter requires advice, we say so and arrange it.
← All insights