✅ Updated March 2026
Section 21 Notices and Rent to Rent:
What You Need to Know
Section 21 — the no-fault eviction notice — is a critical legal tool for rent to rent operators managing tenants. This guide explains how it works, when you can use it, and how proposed abolition affects your business.
What This Guide Covers
What Is a Section 21 Notice?
A Section 21 notice under the Housing Act 1988 allows a landlord to recover possession of a property at the end of a fixed-term tenancy, or during a periodic tenancy, without needing to prove fault on the tenant’s part. In rent to rent, you are the landlord in the relationship with your sub-tenants — so Section 21 is available to you as a tool to recover possession when needed.
Key points about Section 21:
- It requires minimum 2 months notice to the tenant
- It cannot be served within the first 4 months of the original tenancy
- It requires all pre-tenancy obligations to have been met (deposit protected, prescribed information served, How to Rent guide provided, EPC and gas safety certificate provided)
- Court proceedings are required if the tenant does not leave after the notice expires
When Rent to Rent Operators Use Section 21
Section 21 is typically used in rent to rent when:
- Your head lease is ending — if your Company Let Agreement with the landlord is terminating, you need to ensure your sub-tenants vacate before your obligations end. Section 21 is the standard tool for this.
- A tenant relationship has broken down — where no specific fault grounds exist under Section 8 but you need to recover the room, Section 21 provides a no-fault route.
- Refurbishment required — if you need to refurbish a room between tenancies, Section 21 allows you to recover possession at the end of the tenancy.
After Section 21 Is Abolished: Section 8 Grounds
Once the Renters Rights Bill becomes law, all evictions will need to rely on Section 8 grounds. For rent to rent operators, the most relevant grounds will be: For more detail, see how Section 8 notices work.
- Ground 8 — mandatory ground for 2+ months rent arrears
- Ground 10/11 — discretionary grounds for some rent arrears
- Ground 14 — antisocial behaviour
- Ground 1A (new, proposed) — landlord wishes to sell
- Ground 6A (new, proposed) — redevelopment or property no longer available for rent
The proposed new grounds for landlord sale or property unavailability are specifically relevant to rent to rent operators who need to recover possession when their head lease ends. Monitor the progress of the Renters Rights Bill and update your tenancy agreements and procedures accordingly. For more detail, see our guide to rent-to-rent tenancy agreements.
Frequently Asked Questions
Can I still use Section 21 notices now?
As of early 2026, Section 21 remains available in England for existing and new tenancies. The Renters Rights Bill has been progressing through Parliament but had not yet received Royal Assent at the time of writing. Always check the current law at gov.uk before serving any notice — the abolition date will be publicly announced.
What happens to my existing tenants when Section 21 is abolished?
The transition provisions are being finalised as part of the Renters Rights Bill. The current intention is that abolition will apply to all tenancies from a specified date, including existing ones. This means existing periodic tenancies will move to the new system. Monitor the legislation and seek legal advice on your portfolio’s position.
How does Section 21 abolition affect my rent to rent contracts?
It makes the contract termination provisions in your Company Let Agreement even more important. Your contract should include a provision requiring tenants to vacate if your head lease ends (this is a specific ground proposed under the new legislation). Ensure your solicitor reviews and updates your standard Company Let Agreement and sub-tenant ASTs in light of the new legislation.
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