Can a landlord in England still serve a section 21 notice?

Not for a private assured tenancy. The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 brought Chapter 1 of Part 1 of the Renters' Rights Act 2025 into force on 1 May 2026 for private assured tenancies, and legislation.gov.uk records Part 1 Chapter 2 of the Housing Act 1988, which contained section 21, as omitted from that date. GOV.UK's assured tenancy forms guidance states that section 21 no fault evictions are not available for privately rented properties.

How much notice does a section 8 notice have to give?

It depends on the ground. Under section 8 of the Housing Act 1988 as amended, the period is four months for grounds including 1, 1A, 2 and 6, two months for grounds including 5, 7 and 9, four weeks for grounds including 8, 10 and 11, and two weeks for grounds including 4, 12, 13, 14A, 15 and 17. Possession proceedings must be begun within twelve months from the date the notice was served.

Can a landlord evict without going to court?

No, for tenancies covered by the Protection from Eviction Act 1977. Section 3 provides that it is not lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession, and that Act extends to England and Wales. In Scotland an eviction order comes from the First-tier Tribunal, and section 62 of the Private Housing (Tenancies) (Scotland) Act 2016 requires a notice to leave that states the eviction ground and the day the landlord may apply.

Eviction Notice in the UK

Since 1 May 2026 a private landlord in England can no longer use a section 21 no-fault notice, because the Renters' Rights Act 2025 removed that machinery for private assured tenancies. Possession now runs through a section 8 notice specifying a statutory ground, with notice periods from two weeks to four months, and a court order is still required.

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Governing law

In England possession of an assured tenancy is sought under section 8 of the Housing Act 1988 as amended by the Renters' Rights Act 2025, and the Protection from Eviction Act 1977 requires a court order before possession can be enforced.

Housing Act 1988, s.8

What a eviction notice has to contain in the UK

The court may not entertain possession proceedings unless the landlord has served notice in the prescribed form, or the court considers it just and equitable to dispense with that requirement. Proceedings must be begun within twelve months from the date of service of the notice.
Housing Act 1988, s.8
Notice periods depend on the ground: four months for grounds including 1, 1A, 2, 6 and 6A; two months for grounds including 5, 5A to 5D, 7 and 9; four weeks for grounds including 8, 10, 11 and 18; and two weeks for grounds including 4, 12, 13, 14A, 15 and 17.
Housing Act 1988, s.8
Part 1 Chapter 2 of the Housing Act 1988, which contained section 21, is recorded as omitted from 1 May 2026. GOV.UK guidance states that section 21 no fault evictions are not available for privately rented properties, keeps Form 6A for social housing only, and makes Form 3A the section 8 notice for the private rented sector.
GOV.UK, Assured tenancy forms
It is not lawful for the owner to enforce a right to recover possession otherwise than by proceedings in the court, where the premises were let as a dwelling under a tenancy that is neither statutorily protected nor excluded. That Act extends to England and Wales.
Protection from Eviction Act 1977, s.3
In Wales a landlord ends a periodic standard contract by a section 173 notice, and the date specified in it may not be less than six months after the day on which the notice is given to the contract-holder.
Renting Homes (Wales) Act 2016, ss.173 and 174
In Scotland the landlord must give a written notice to leave specifying the day on which the landlord expects to become entitled to apply to the First-tier Tribunal and stating the eviction ground, that day following the notice period in section 54(2) of 28 or 84 days depending on the ground.
Private Housing (Tenancies) (Scotland) Act 2016, s.62

What catches drafters out

Serving a section 21 notice or Form 6A on a private tenant in England. GOV.UK's assured tenancy forms guidance states that the form must not be used where the property is rented privately and that section 21 evictions are not available for privately rented properties.
GOV.UK, Assured tenancy forms
Keying the notice period to the wrong ground. Rent arrears under ground 8 need four weeks, while a landlord moving in or selling under grounds 1 and 1A needs four months.
Housing Act 1988, s.8
Letting a served notice go stale. Possession proceedings must be begun within twelve months from the date of service, after which the notice has to be served again.
Housing Act 1988, s.8